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(3—1572) 


LAWS  OF  THE  UNITED  STATES 


GOVERNING  THE  GRANTING  OF 


BOUNTY-LAND  WARRANTS 


TOGETHER  WITH  THE 


REGULATIONS  RELATING  THERETO 


COMPILED  UNDER  THE  DIRECTION  OF  THE*  COMMISSIONER  OF 

PENSIONS,  AND  PUBLISHED  IN  ACCORDANCE  WITH  THE 

PROVISIONS  OF  SECTION  4748,  REVISED  STATUTES 


JAMES  L.  DAVENPORT 

COMMISSIONER  OF  PENSIONS 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1911 


f,  S. 

>l  .    (3—1572) 


LAWS  OF  THE  UNITED  STATES 


GOVERNING  THE  GRANTING  OF 


BOUNTY-LAND  WARRANTS 


TOGETHER  WITH  THE 


REGULATIONS  RELATING  THERETO 


COMPILED  UNDER  THE  DIRECTION  OF  THE  COMMISSIONER  OF 

PENSIONS,  AND  PUBLISHED  IN  ACCORDANCE  WITH  THE 

PROVISIONS  OF  SECTION  4748,  REVISED  STATUTES 


JAMES  L.  DAVENPORT 

COMMISSIONER  OF  PENSIONS 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1911 


U  fc 


CONTENTS. 


Page. 

General  provisions 1 

Revised  Statutes 1 

Laws  prior  to  Revised  Statutes  still  in  force 11 

Act  February  11,  1847 11 

Act  May  27,  1848 13 

Joint  resolution  June  16,  1848., 14 

Act  July  10,  1848 14 

Joint  resolution  August  10,  1848 14 

An  act  making  appropriations  for  the  civil  and  diplomatic  expenses  of 
Government  for  the  year  ending  the  30th  of  June,  1850,  and  for  other 

purposes 15 

Disloyalty 16 

Revised  statutes 16 

An  act  to  repeal  in  part  and  to  limit  section  3480  of  the  Revised  Statutes  of 

the  United  States 16 

Execution  of  papers ; 17 

An  act  in  relation  to  oaths  in  pension  and  other  cases 17 

Joint  resolution  amending  and  construing  the  act  approved  July  1,  1890,  in 

relation  to  oaths  in  pension  and  other  cases 17 

Offenses 18 

An  act  to  amend  section  4746  of  the  Revised  Statutes  of  the  United  States. .  18 

An  act  to  codify,  revise,  and  amend  the  penal  laws  of  the  United  States. .  19 

Agents  and  attorneys 21 

Revised  Statutes 21 

An  act  making  appropriations  for  the  payment  of  invalid  and  other  pen- 
sions of  the  United  States  for  the  fiscal  year  ending  June  30,  1885,  and 

for  other  purposes 21 

Rules  of  practice  in  pension  and  bounty-land  appeals 24 

Rules  of  practice  before  the  Bureau  of  Pensions 28 

Regulations  and  instructions  relating  to  bounty -land  claims 35 

Index 45 

in 


M72980 


LAWS,  REGULATIONS,  AND  INSTRUCTIONS 
RELATING  TO  BOUNTY  LANDS. 


GENERAL  PROVISIONS. 
REVISED  STATUTES.  ,.;«     •;.:.., 

SEC.  441.  The  Secretary  of  the  Interior  is  charged  with 
the  supervision  of  public  business  relating  to  the  follow-  of 
ing  subjects: 

***** 

Fourth.  Pensions  and  bounty  lands. 


SEC.  471.  The   Commissioner  of   Pensions   shall   per- 
form,  under  the  direction  of  the  Secretary  of  the  Inte-Slons< 
rior,  such  duties  in  the  execution  of  the  various  pension 
and  bounty-land  laws  as  may  be  prescribed  by  the  Presi- 
dent. 

SEC.  473.  The  Commissioner  of  Pensions  is  authorized, 
with  the  approval  of  the  Secretary  of  the  Interior,  to  ap-  clTesto 
point  a  person  to  sign  the  name  of  the  Commissioner  to  warrants7  "land 
certificates  or  warrants  for  bounty-lands  ;  and  certificates  (if  s*  L.f  i?.''1856 
or  warrants  so  signed  shall  be  as  valid  as  if  signed  by  the 
Commissioner. 

SEC.  4748.  That   the    Commissioner   of   Pensions,   on  Jj^Ssg1  prhSSd 
application  being  made  to  him  in  person,  or  by  letter,  by  {SdtS^0118  free 
any  claimant  or  applicant  for  pension,  bounty-land,  orM^-  jjjj80^* 
other  allowance  required  by  law  to  be  adjusted  or  paid  by  ^ii^yfisS 
the  Pension-Office,  shall  furnish  such  person,  free  of  all  (12  S-  L>>  ^ 
expense,  all  such  printed  instructions  and  forms  as  may 
be  necessary  in  establishing  and  obtaining  said  claim  ;  and 
on  the  issuing  of  a  certificate  of  pension  or  of  a  bounty-    . 
land  warrant,  he  shall  forthwith  notify  the  claimant  or 
applicant,  and  also  the  agent  or  attorney  in  the  case,  if 
there  be  one,  that  such  certificate  has  been  issued,  or 
allowance  made,  and  the  date  and  amount  thereof. 


2  BOUNTY-LAND   WARRANTS. 


sec. 


SEC.  2414-  AH  warrants  for  military  bounty-lands  which 
signabfeations  ^  have  been  or  may  hereafter  be  issued  under  any  law  of 
L18!)!^6  United  States,  and  all  valid  locations  of  the  same 
s.18ifj  which  have  been  or  may  hereafter  be  made,  are  declared 
3°lee   ordinance  ^°  ^e  assignable  by  deed  or  instrument  of  writing,  made 
^seeactit5Apr.  an^  executed  according  to  such  form  and  pursuant  to 
numerous  rate^  sucn  regulations  as  may  be  prescribed  by  the  Commis- 
aS?2S°Lt!r378)!sioner  °^  tne  General  Land-Office,  so  as  to  vest  the  assignee 
with  all  the  rights  of  the  original  owner  of  the  warrant  or 
location. 

warrants     lo-     SEC.  2415.  The  warrants  which  have  been  or  may  here- 

SM  paid'lncaSi"  after  b^  issued  in  pursuance  of  law  may  be  located  accord- 

sec2!  (8s'.  i^fi)'  inS  to  the  legal  subdivisions  of  the  public  lands  in  one 

2cSMirf<ireS"lflt  body  upon  any  lands  of  the  United  States  subject  to  pri- 

i80MeraA5anSr2|  vate  entry  at  the  time  of  such  location  at  the  minimum 

suS«quen?^o3S  price.     When  such  warrant  is  located  on  lands  which  are 

tlS1tct1f"May,  subject  to  entry  at  a  greater  minimum  than  one  dollar 

i8i2,sec.3(2S.L.,  an(j  twenty-five  cents  per  acre,  the  locator  shall  pay  to 

the  United  States  in  cash  the  difference  between  the  value 

of  such  warrants  at  one  dollar  and  twenty-five  cents  per 

acre  and  the  tract  of  land  located  on.     But  where  such 

tract  is  rated  at  one  dollar  and  twenty-five  cents  per  acre, 

and  does  not  exceed  the  area  specified  in  the  warrant,  it 

must  be  taken  in  full  satisfaction  thereof. 

iaLn°da  wants'  SEC-  2416.  In  a11  cases  of  warrants  for  bounty-lands, 
o?Uc^rtaUi  viSs  igsue<^  ^J  virtue  of  an  act  approved  July  twenty-seven, 
n&2Ju?y  1864,  sec.  one  thousand  eight  hundred  and  forty-two,  and  of  two 
i  (13  s.  L.,  378).  acts  approved  January  twenty-seven,  one  thousand  eight 
hundred  and  thirty-five,  therein  and  thereby  revised,  and 
of  two  acts  to  the  same  intent,  respectively,  approved 
June  twenty-  six,  eighteen  hundred  and  forty-eight,  and 
February  eight,  eighteen  hundred  and  fifty-four,  for  mili- 
tary services  in  the  revolutionary  war,  or  in  the  war  of 
eighteen  hundred  and  twelve  with  Great  Britain,  which 
remained  unsatisfied  on  the  second  day  of  July,  eighteen 
hundred  and  sixty-  four,  it  is  lawful  for  the  person  in 
whose  name  such  warrant  issued,  his  heirs  or  legal  repre- 
sentatives, to  enter  in  quarter-sections,  at  the  proper  local 
land  office  in  any  of  the  States  or  Territories,  the  quantity 
of  the  public  lands  subject  to  private  entry  which  he  is 
entitled  to  under  such  warrant. 

f  aijuivubi<i864      ^EC*  2417.  All  warrants  for  bounty-lands  referred  to  in 
379)  2  (i^  S'  L''  tne  preceding  section  may  be  located  at  any  time,  in  con- 


BOUNTY-LAND    WARRANTS. 

formity  with  the  general  laws  in  force  at  the  time  of  such 
location. 

NOTE.  —  No  blank  forms  for  bounty-land  warrants  have  been  pre- 
pared since  the  adoption  of  the  Revised  Statutes.  All  warrants 
are  therefore  issued  under  the  original  laws,  to  wit,  the  acts  of 
1847,  1850,  1852,  and  1855,  and  it  is  so  recited  in  the  body  of  the 
warrant,  which  do»es  not  indicate  that  the  issue  is  made  under  any 
provision  of  the  Revised  Statutes. 

SEC.  2418.  Each  of  the  surviving,  or  the  widow 
minor  children  of  deceased  commissioned  and  non-com-  r?odsvaqf°u|erv?cee 
missioned  officers,  musicians,  or  privates,  whether  of  m^ersept.7ai85o, 
regulars,  volunteers,  rangers,  or  militia,  who  performed  ^n1  Feb'.^''S,' 
military  service  in  any  regiment,  company,  or  detach-  flej9  (9  S'  L"  125> 
ment,  in  the  service  of  the  United  States,  in  the  war  with  Sguiar  Army: 
Great  Britain,  declared  on  the  eighteenth  day  of  June,  isiifsec.2!  (SMS! 
eighteen  hundred  and  twelve,  or  in  any  of  the  Indian  L'sSt  iuan., 
wars  since  seventeen  hundred  and  ninety,  and  prior  to  s81&.,  672).  12 
the  third  of  March,  eighteen  hundred  and  fifty,  and  each  isi3,%ec!  ?  cfs! 
of  the  comissioned  officers  who  was  engaged  in  the  'volunteers: 
military  service  of  the  United  States  in  the  war  withisfl,6  t2.66Feb(2 
Mexico,  shall  be  entitled  to  lands  as  follows:  Those  who  Regular  Army: 
engaged  to  serve  twelve  months  or  during  the  war,  and  Beeact  10  Dec7' 


actually  served  nine  months,  shall  receive  one  hundred  (3  s!  i.?^ 

i       •    ,  i     it  -i  •         Soldiers      pro- 

and  sixty  acres,   and  those  who  engaged  to  serve  six  moted  entitled: 
months,  and  actually  served  four  months,  shall  receive  isie,6  'sec!6  3  pr(s 
eighty  acres,  and  those  who  engaged  to  serve  for  any  or   'see  act  27  May, 

•     J    a     v  •    J  J  xi        i     n  1848»    sec-    2    (9 

an  indefinite  period,  and  actually  served  one  month,  shall  s.  L.,  233). 

receive  forty  acres  ;  but  wherever  any  officer  or  soldier  was 

honorably  discharged  in  consequence  of  disability  con- 

tracted in  the  service,  before  the  expiration  of  his  period 

of  service,  he  shall  receive  the  amount  to  which  he  would 

have  been  entitled  if  he  had  served  the  full  period  for 

which  he  had  engaged  to  serve.     All  the  persons  enumer-  .  ForendofMex- 

ican  War  see  res. 

ated  in  this  section  who  enlisted  in  the  regular  army,  or  |6  ^uneu  1848  (9 

were  mustered  in  any  volunteer  company  for  a  period  of 

not  less  than  twelve  months,  and  who  served  in  the  War 

with  Mexico  and  received  an  honorable  discharge,  or  who  d^g-Jtarge    sf££ 

were  killed  or  died  of  wounds  received  or  sickness  in-  ™SA  24  %;•  1848 

__      ,  ^"  B*  JU*j  Oo4J. 

curred  in  the  course  of  such  service,  or  were  discharged 
before  the  expiration  of  the  term  of  service  in  conse- 
quence of  wounds  received  or  sickness  incurred  in  the 
course  of  such*  service,  shall  be  entitled  to  receive  a  cer- 
tificate or  warrant  for  one  hundred  and  sixty  acres  of 
11367°—  11  -  2 


4  BOUNTY-LAND   WARRANTS. 

grantiS/  boint?  lan(*  5  or  at  option  Treasury  scrip  for  one  hundred  dollars 
an^brothereand bearing  interest  at  six  per  cent,  per  annum,  payable 
thanrs  e°niisuedsem^annua^y'  at  ^e  pleasure  °f  tne  Government.  In 
SeSico  Wisr  new  ^e  even^  °^  the  death  of  any  one  of  the  persons  men- 
laFor  brothers  tioned  in  this  section  during  service,  or  after  his  dis- 
actd27SMaeyS  1848°  c^ar^6'  an(^  ^e^ore  *ne  issuing  of  a  certificate  or  warrant, 
gc.^  i  (9  ft.  L.,  the  warrant  or  scrip  shall  be  issued  in  favor  of  his 

family  or  relatives;  first,  to  the  widow  and  his  children; 

second,  his  father ;  third,  his  mother ;  fourth,  his  brothers 

and  sisters. 

NOTE. — It  is  supposed  that  the  preceding  section  was  intended  to 
embody  the  provisions  of  the  bounty-lands  acts  of  February  11, 
1847,  and  September  28,  1850.  The  former  act,  as  amended, 
granted  bounty  land  to  the  enlisted  men  of  the  Mexican  war,  their 
widows  and  children,  fathers,  mothers,  brothers,  and  sisters.  The 
latter  act  made  similar  grants  to  the  commissioned  officers  of  that 
war,  and  to  the  officers  and  enlisted  men  of  other  wars  from 
1790  to  the  date  of  the  act,  and  to  the  widows  and  minor  children 
of  such  officers  and  enlisted  men.  In  the  attempt  to  combine 
these  two  acts  in  section  2418  above,  and  by  the  peculiar  con- 
struction of  that  section,  those  who  were  actually  provided  for  in 
the  act  of  1847,  viz,  the  enlisted  men  and  their  heirs,  were  entirely 
omitted,  while  on  the  other  hand  the  benefits  of  the  act  of  1850 
were  extended  to  a  class  of  heirs — to  wit,  fathers,  mothers,  broth- 
ers, and  sisters — who  were  not  previously  provided  for  in  that 
act  or  in  any  other  bounty-land  law  except  in  the  act  of  1847  and 
amendment.  The  questions  raised  by  these  diversities  in  the  law 
have,  however,  been  settled  by  the  Department.  It  is  held : 
1.  That  the  provisions  of  the  act  of  1847  are  kept  in  force  by  sec- 
tion 5597,  Revised  Statutes,  notwithstanding  the  provisions  of 
repeal  contained  in  section  5596,  Revised  Statutes.  2.  That  the 
new  law  incorporated  in  section  2418  must  be  given  its  full  force 
and  intent.  See  (3)  paragraph  15,  and  (4)  paragraph  47,  title 
Bounty  Land,  Digest  of  Pension  Laws,  1885. 

SEC-  2419.  The  persons  enumerated  in  the  preceding 
sections  received  into  service  after  the  commencement  of 
forty  SSf"1  t<the  war  with  Mexico,  for  less  than  twelve  months,  and 
sec!  9F(9''s.18L,!|  who  served  such  term,  or  were  honorably  discharged  are 
entitled  to  receive  a  certificate  or  warrant  for  forty  acres,1 
or  scrip  for  twenty-five  dollars,  if  preferred,  and  in  the 
event  of  the  death  of  such  person  during  service,  or  after 
honorable  discharge  before  the  eleventh  of  February, 
eighteen  hundred  and  forty-seven,  the  warrant  or  scrip 
shall  issue  to  the  wife,  child,  or  children,  if  there  be  any, 
and  if  none,  to  the  father,  and  if  no  father,  to  the  mother 
of  such  soldier. 

1  Obsolete. 


BOUNTY-LAND    WARKANTS.  5 


SEC.  2420.  Where  the  militia,  or  volunteers,  or  State 
troops  of  any  State  or  Territory,  subsequent  to  the  eight-  ™  m2.    ^ 
eenth  day  of  June,  eighteen  hundred  and  twelve,  and  sec-  4  <10  s'  L-,  4)' 
prior  to   March   twenty-second,   eighteen   hundred   and 
fifty-two,  were  called  into  service,  the  officers  and  soldiers 
thereof  shall  be  entitled  to  all  the  benefits  of  section  two 
thousand  four  hundred  and  eighteen  upon  proof  of  length 
of  service  as  therein  required. 

SEC.  2421.  No  person  shall  take  any  benefit  under  the 
provisions  of  the  three  preceding  sections  if  he  has  re- 
ceived,  or  is  entitled  to  receive,  any  military  land-bounty  JJJj  x  (9  *  L-» 
under  any  act  of  Congress  passed  prior  to  the  twenty-  Marlsi852asec  ? 
second  March,  eighteen  hundred  and  fifty-two.  Jj"0^0  <l6  s-  '*"'* 

Ruling  of  Commissioner  of  Pensions,  No.  28.  Section  2421  should 
be  read  and  interpreted  in  the  same  sense  as  if  the  word  "  other  " 
stood  between  the  words  "  any  "  and  "  act  "  in  the  third  line  of 
the  section,  and  such  will  be  the  construction  of  this  Bureau. 

SEC.  2422.  The  period  during  which  any  officer  or  soldier  ti^ri°addedcafo 
remained  in  captivity  with  the  enemy  shall  be  estimated  ^^sTT^'sso 
and  added  to  the  period  of  actual  service,  and  the  person  go.  2  (9  's.  L.', 
so  retained  in  captivity  shall  receive  land  under  the  provi- 
sions of  sections  twenty-  four  hundred  and  eighteen  and 
twenty-  four  hundred  and  twenty,  in  the  same  manner 
that  he  would  be  entitled  in  case  he  had  entered  the  serv- 
ice for  the  whole  term  made  up  by  the  addition  of  the 
time  of  his  captivity,  and  had  served  during  such  term. 

SEC.  2423.  Every  person  for  whom  provision  is  made  by    warrant    and 

f  ,  i      •    i  patent   to   issue, 

sections  twenty-four  hundred  and  eighteen  and  twenty-  when. 

four  hundred  and  twenty  shall  receive  a  warrant  from  the  85,  sec.  3  fe  s.  Lj 

Department  of  the  Interior  for  the  quantity  of  land  to    see   ordinance 

i'ii'  A-n     -i  -i  *  20  May,  1785. 

which  he  is  entitled;  and,  upon  the  return  of  such  war-    see  act  is  Apr., 

.,!  •  T  j.    .,        ,  .  .,   .  1806,  sees.  1  and 

rant  with  evidence  of  the  location  thereof  having  been  2>  and  numerous 
legally  made,  to  the  General  Land-Office,  a  patent  shall  be  (2  s.  L~%fr. 

•  TIT  i*  066  set  6  aLoiy^ 

issued  therefor.  1312,  sec.  3  (2  s. 

SEC.  2424.  In  the  event  of  the  death  of  any  person,  for    'widows  of  per- 

,  .    .         .  T     .  ,  sons  entitled. 

whom  provision  is  made  by  sections  twenty-  four  hundred    2$  Sept.,  isso, 
and  eighteen  and  twenty-four  hundred  and  twenty,  and  520). 
who  did  not  receive  bounty-land  for  his  services,  a  like 
warrant  shall  issue  in  favor  of  his  widow,  who  shall  be 
entitled  to  one  hundred  and  sixty  acres  of  land  in  case 
her  husband  was  killed  in  battle  ;  nor  shall  a  subsequent 
marriage  impair  the  right  of  any  widow  to  such  warrant, 
if  she  be  a  widow  at  the  time  of  making  her  application. 


6  BOUNTY-LAND   WARRANTS. 

SEC.  2425.  Each  of  the  surviving  persons  specified  in 


3   Mar    1855,  "ie  classes  enumerated  in  the  following  section,  who  has 
TO?  702)  (1° S' L''  served  for  a  period  of  not  less  than  fourteen  days,  in  any 
of  the  wars  in  which  the  United  States  have  been  engaged 
since  the  year  seventeen  hundred  and  ninety,  and  prior  to 
the  third  day  of  March,  eighteen  hundred  and  fifty-five, 
shall  be  entitled  to  receive  a  warrant  from  the  Depart- 
lanVto  makeni60 men^  °^  ^ne  Interior,  for  one  hundred  and  sixty  acres  of 
land ;  and,  where  any  person  so  entitled  has,  prior  to  the 
third  day  of  March,  eighteen  hundred  and  fifty-five,  re- 
ceived a  warrant  for  any  number  of  acres  less  than  one 
hundred  and  sixty,  he  shall  be  allowed  a  warrant  for  such 
quantity  of  land  only  as  will  make,  in  the  whole,  with 
what  he  may  have  received  prior  to  that  date,  one  hundred 
and  sixty  acres, 
classes    under     SEC.  2426.  The  classes  of  persons  embraced  as  beneficia- 

last  section  speci-    .  . 

fled.  ries  under  the  preceding  section,  are  as  follows,  namely : 

sec.  i  (io's.  L.)  First.  Commissioned  and  non-commissioned  officers, 
musicians,  and  privates,  whether  of  the  regulars,  volun- 
teers, rangers,  or  militia,  who  were  regularly  mustered 
into  the  service  of  the  United  States. 

3  Mar.,  1855,  Second.  Commissioned  and  non-commissioned  officers, 
seamen,  ordinary  seamen,  flotilla-men,  marines,  clerks, 
and  landsmen  in  the  Navy. 

3   Mar.,  1855,     Third.  Militia,  volunteers,  and  State  troops  of  any  State 

or  Territory,  called  into  military  service,  and  regularly 

mustered  therein,  and  whose  services  have  been  paid  by 

the  United  States. 

3  Mar.,   1855,     Fourth.  Wagon-masters  and  teamsters  who  have  been 

sec.  1,  2d  proviso.  ... 

employed  under  the  direction  of  competent  authority,  in 
time  of  war,  in  the  transportation  of  military  stores  and 
supplies. 

3   Mar.,   1855,     Fifth.  Officers  and  soldiers  of  the  revolutionary  war, 

14  'Matisse,  and  marines,  seamen,  and  other  persons  in  the  naval  serv- 
ice of  the  United  States  during  that  war. 

3  Mar.,   1855,      Sixth.  Chaplains  who  served  with  the  Army. 

14  May,  1856,  Seventh.  Volunteers  who  served  with  the  armed  forces 
of  the  United  States  in  any  of  the  wars  mentioned,  sub- 
ject to  military  orders,  whether  regularly  mustered  into 
the  service  of  the  United  States  or  not. 

what    classes     SEC.  2427.  The  following1  class  of  persons  are  included 

of  persons   enti-         •«%•••'•  *  i          i       i  i 

tied  under  sec-  as  beneficiaries  under  section  twenty-four  hundred  and 

tion   2425,   with- 
out   regard    to  twenty-five,   without    regard    to   the    length    of   service 

length  of  service.  _    J    , 

3  Mar.,  1855,  rendered. 

sec.  3  (10  S.  L., 
702). 


BOUNTY-LAND   WARRANTS.  7 

First.  Any  of  the  classes  of  persons  mentioned  in  sec- 
tion twenty-four  hundred  and  twenty-six  who  have  been 
actually  engaged  in  any  battle  in  any  of  the  wars  in 
which  this  country  has  been  engaged  since  seventeen  hun- 
dred and  ninety,  and  prior  to  March  third,  eighteen  hun- 
dred and  fifty -five. 

Second.  Those  volunteers  who  served  at  the  invasion  of  sej  9Mar->  1855» 
Plattsburgh,  in  September,  eighteen  hundred  and  fourteen. 

Third.  The   volunteers   who   served   at   the   battle   ofJ!9Mar-»  1855» 
King's  Mountain,  in  the  revolutionary  war. 

Fourth.  The  volunteers  who  served  at  the  battle  of  se^  9Mar-'  1855» 
Nickojack  against  the  confederate  savages  of  the  South. 

Fifth.  The   volunteers  who  served   at  the   attack  on  J! 
Lewistown,  in  Delaware,  by  the  British  fleet,  in  the  war702)- 
of  eighteen  hundred  and  twelve. 

SEC.  2428.  In  the  event  of  the  death  of  any  person  who  widows   and 

.    J   J  children   of  per- 

wrould  be  entitled  to  a  warrant,  as  provided  in  section  5,ons  entitled  un- 
der section  2425. 

twenty-four  hundred  and  twenty-five,  leaving  a  widow.    3  ^ar.,  isss, 

•/»*  •  '-I'-ii  i  sec.  2  (10  S.  L., 

or,  if  no  widow,  a  minor  child,  such  widow  or  such"  minor  702)- 

child  shall  receive  a  warrant  for  the  same  quantity  of 

land  that  the  decedent  would  be  entitled  to  receive,  if    Also  u  May, 

living  on  the  third  day  of  March,  eighteen  hundred  and  L-,  9)Sec' 

fifty-five. 

SEC.  2429.  A  subsequent  marriage  shall  not  impair  the    subsequent 
right  of  any  widow,  under  the  preceding  section,  if  she  widow.8 

O  \fo *•       1  QKC       A/* 

be  a  widow  at  the  time  of  her  application.  2(ios.''L.,  702).' 

SEC.  2430.  Persons  within  the  age  of  twenty-one  years    Minors'  under 

on  the  third  day  of  March,  eighteen  hundred  and  fifty-^Mar^issXsec. 

t*  i      n    i  •!  i  •,!   •        ,1  2  (10  S.  L.,702). 

five,  shall  be  considered  minors  within  the  intent  of  sec- 
tion twenty-four  hundred  and  twenty-eight. 

SEC.  2431.  Where  no  record  evidence  of  the  service  forlceProof  of  serv- 
which  a  warrant  is  claimed  exists,  parol  evidence  may  beseJ43M(!u'g1^L5> 
admitted  to  prove  the  service  performed,  under  such  reg- 8)- 
illations  as  the  Commissioner  of  Pensions  may  prescribe. 

SEC.  2432.  Where  a  certificate  or  warrant  for  bounty- 
land  for  any  less  quantity  than  one  hundred  and  sixty 
acres  has  been  issued  to  any  officer  or  soldier,  or  to  the  > 

widow  or  minor  child  of  any  officer  or  soldier,  the  evi-  g0-  1  (n  s-  L-» 
dence  upon  which  such  certificate  or  warrant  was  issued 
shall  be  received  to  establish  the  service  of  such  officer  or 
soldier  in  the  application  of  himself,  or  of  his  widow  or 
minor  child,  for  a  warrant  for  so  much  land  as  may  be 
required  to  make  up  the  full  sum  of  one  hundred  and 
sixty  acres,  to  which  he  may  be  entitled  under  the  preced- 
ing section,  on  proof  of  the  identity  of  such  officer  or 


8  BOUNTY-LAND   WARRANTS. 

soldier,  or,  in  case  of  his  death,  of  the  marriage  and 
identity  of  his  widow,  or,  in  case  of  her  death,  of  the 
identity  of  his  minor  child.  But  if,  upon  a  review  of 
such  evidence,  the  Commissioner  of  Pensions  is  not  satis- 
fied that  the  former  warrant  was  properly  granted,  he 
may  require  additional  evidence,  as  well  of  the  term  as 
of  the  fact  of  service. 

EC-  2433<  When  any  company,  battalion,  or  regiment, 
an  organized  form,  marched  more  than  twenty  miles 
dis~ to  ^e  place  where  they  were  mustered  into  the  service  of 
United  States,  or  were  discharged  more  than  twenty 
fr°m  the  place  where  such  company,  battalion,  or 
regiment  was  organized,  in  all  such  cases,  in  computing 
the  length  of  service  of  the  officers  and  soldiers  of  any 
such  company,  battalion,  or  regiment,  there  shall  be 
allowed  one  day  for  every  twenty  miles  from  the  place 
where  the  company,  battalion,  or  regiment  was  organized 
to  the  place  where  the  same  was  mustered  into  the  service 
of  the  United  States,  and  one  day  for-  every  twenty  miles 
from  the  place  where  such  company,  battalion,  or  regi- 
ment was  discharged,  to  the  place  where  it  was  organized, 
and  from  whence  it  marched  to  enter  the  service,  provided 
that  such  march  was  in  obedience  to  the  command  or 
direction  of  the  President,  or  some  general  officer  of  the 
United  States,  commanding  an  army  or  department,  or 
the  chief  executive  officer  of  the  State  or  Territory  by 
which  such  company,  battalion,  or  regiment  was  called 
into  service. 

eluded/ ans  in~     SEC.  2434-  Tne  provisions  of  all  the  bounty-land  laws 
sec  7^(10  s^Lf'snaU  b6  extended  to  Indians,  in  the  same  manner  and  to 

the  same  extent  as  to  white  persons. 
Former  evi-     SEC.  2435.  Where  a  pension  has  been  granted  to  any 

dence  of  right  to  fc  J 

a  pension  to  be  officer  or  soldier,  the  evidence  upon  which  such  pension 

received    in   cer-  ' 

tain  cases  on  ap-  was  granted  shall  be  received  to  establish  the  service  of 

plication    for  fe  . 

i4nt&aand'i856  sucn  °fficer  or  soldier  in  his  application  for  bounty  land ; 
sec.  2  (ii  S!L.,  8)!  and  upon  proof  of  his  identity  as  such  pensioner,  a  war- 
rant may  be  issued  to  him  for  the  quantity  of  land  to 
which  he  is  entitled;  and  in  case  of  the  death  of  such 
pensioned  officer  or  soldier,  his  widow  shall  be  entitled 
to  a  warrant  for  the  same  quantity  of  land  to  which  her 
husband  would  have  been  entitled,  if  living,  upon  proof 
that  she  is  such  widow ;  and  in  case  of  the  death  of  such 
officer  or  soldier,  leaving  a  minor  child  and  no  widow,  or 
where  the  widow  may  have  deceased  before  the  issuing  of 
any  warrant,  such  minor  child  shall  be  entitled  to  a  war- 


BOUNTY-LAND   WAREANTS.  9 

rant  for  the  same  quantity  of  land  as  the  father  would 
have  been  entitled  to  receive  if  living,  upon  proof  of  the 
decease  of  father  and  mother.  But  if,  upon  a  review  of 
such  evidence,  the  Commissioner  of  Pensions  is  not  satis- 
fied that  the  pension  was  properly  granted,  he  may  re- 
quire additional  evidence,  as  well  of  the  term  as  of  the 
fact  of  service. 

SEC.  2436.  All  sales,  mortgages,  letters  of  attorney,  or 
other  instruments  of  writing,  going  to  affect  the  title  O1> 
claim  to  any  warrant  issued,  or  to  be  issued,  or  any  land 
granted,  or  to  be  granted,  under  the  preceding  provisions 
of  this  chapter,  made  or  executed  prior  to  the  issue  °f  18f7ls°ec V'Feb ' 
such  warrant,  shall  be  null  and  void  to  all  intents  M^x^y  <**» 
purposes  whatsoever;  nor  shall  such  warrant,  or  the  land 
obtained  thereby,  be  in  anywise  affected  by,  or  charged 
with,  or  subject  to,  the  payment  of  any  debt  or  claim  18f^s^^  May' 
incurred  by  any  officer  or  soldier,  prior  to  the  issuing  of 
the  patent. 

SEC.  2437.  It  shall  be  the  duty  of  the  Commissioner  of  ^ttd^0  bof 
the  General  Land-Office,  under  such  regulations  as  may  S?fssf0bn  eCr°Tf 
be  prescribed  by  the  Secretary  of  the  Interior,  to  cause  La>Sds?^c,e'i85o; 
to  be  located,  free  of  expense,  any  warrant  which  the|^).4 
holder  may  transmit  to  the  General  Land-Office  for  that  20 SM&7?u£*nce 
purpose,  in  such  State  or  land-district  as  the  holder  or  18^ tecs.5  1^2, 
warrantee  may  designate,  and  upon  good  farming-land,  ttouin!n°a?tsC°$ 
so  far  as  the  same  can  be  ascertained  from  the  maps,  plats, s'^  j^b  May, 
and  field-notes  of  the  surveyor,  or  from  any  other  inf or-  Jf1!.'  LSt?29)2'  3 
mation  in  the  possession  of  the  local  office,  and,  upon  the 
location  being  made,  the  Secretary  shall  cause  a  patent 
to  be  transmitted  to  such  warrantee  or  holder. 

SEC.  2438.  No  person  who  has  been  in  the  military  serv-  .,£33*1? boon! 
ice  of  the  United  States  shall,  in  any  case,  receive  aty^ang-  t>  1850> 
bounty-land  warrant  if  it  appears  by  the  muster-rolls  of  ^^Sar.^''^^ 
his  regiment  or  corps  that  he  deserted  or  was  dishonor-  f^1  (1°  s*  L-' 
ably  discharged  from  service.  sec  9;  24  Dec  ?  mi>  sec  s^othS  actf7' 

SEC.  2439.  When  a  soldier  of  the  Regular  Army,  who    Lost  warrants 
has  obtained  a  military  land-warrant,  loses  the  same,  &Bv*£>jZ£?*isu 
such  warrant  is  destroyed  by  accident,  he  shall,  upon  f^  l  &  's-  L-> 
proof  thereof  to  the  satisfaction  of  the  Secretary  of  the 
Interior,  be  entitled  to  a  patent  in  like  manner  as  if  the 
warrant  was  produced. 

SEC.  2440.  In  all  cases  of  discharge  from  the  military  0^io°i£arf!id 
service  of  the  United  States  of  any  soldier  of  the  Regular  }JJS  of'  provided 
Army,  when  it  appears  to  the  satisfaction  of  the  Secre-  S(J7  2A|?3r->g  isie, 
tary  of  War  that  a  certificate  of  faithful  services  has  been 317)- 


10  BOUNTY-LAND   WARRANTS. 

omitted  by  the  neglect  of  the  discharging  officer,  by  mis- 
construction of  the  law.  or  by  any  other  neglect  or  casu- 
alty, such  omission  shall  not  prevent  the  issuing  of  the 
warrant  and  patent  as  in  other  cases.  And  when  it  is 
proved  that  any  soldier  of  the  Eegular  Army  has  lost  his 
discharge  and  certificate  of  faithful  service,  the  Secretary 
of  War  shall  cause  such  papers  to  be  furnished  such  sol- 
dier as  will  entitle  him  to  his  land-warrant  and  patent, 
provided  such  measure  is  justified  by  the  time  of  his  en- 
listment, the  period  of  service,  and  the  report  of  some 
officer  of  the  corps  to  which  he  was  attached. 

issue?  inTeu^of  ^EC*  ^441.  Whenever  it  appears  that  any  certificate  or 
Io§wjunent'i86o  warrantj  issued  in  pursuance  of  any  law  granting  bounty- 
sec.  i  (12  's.  inland,  has  been  lost  or  destroyed,  whether  the  same  has 
(if°s  i^iii)1874  keen  s°ld  and  assigned  by  the  warrantee  or  not,  the  Sec- 
retary of  the  Interior  is  required  to  cause  a  new  certificate 
or  warrant  of  like  tenor  to  be  issued  in  lieu  thereof; 
which  new  certificate  or  warrant  may  be  assigned,  located, 
and  patented  in  like  manner  as  other  certificates  or  war- 
rants for  bounty-land  are  now  authorized  by  law  to  be 
assigned,  located,  and  patented;  and  in  all  cases  where 
warrants  have  been,  or  may  be,  re-issued,  the  original 
warrant,  in  whoseever  hands  it  may  be,  shall  be  deemed 
and  held  to  be  null  and  void,  and  the  assignment  thereof, 
if  any  there  be,  fraudulent  ;  and  no  patent  shall  ever  issue 
for  any  land  located  therewith,  unless  such  presumption 
of  fraud  in  the  assignment  be  removed  by  the  proof  that 
the  same  was  executed  by  the  warrantee  in  good  faith 
and  for  a  valuable  consideration. 

byRsJ^toy°nof     SEC-  2442'  The  Secretary  of  the  Interior  is  required  to 

In23rijune   1860  Prescribe  sucn  regulations  for  carrying  the  preceding  sec- 

sec.  2  (12  s.  L.,  tion  into  effect  as  he  may  deem  necessary  and  proper  in 

(188.  L^h)1874  order  to  protect  the  Government  against  imposition  and 

fraud  by  persons  claiming  the  benefit  thereof;  and  all 

laws  and  parts  of  laws  for  the  punishment  of  frauds 

against  the  United  States  are  made  applicable  to  frauds 

under  that  section. 


inf  °peate°ntsissS     SEC.  2443'  *n  a^  cases  where  an  officer  or  soldier  of  the 

s?nshlSitiedpeto  revolutionary  war,  or  a  soldier  of  the  war  of  eighteen 

bT1Sarndsi843  hundred  and  twelve,  was  entitled  to  bounty-land,  has  died 

if'eso?'  ?  (5  S'  before  obtaining  a  patent  for  the  land,  and  where  applica- 

tion is  made  by  a  part  only  of  the  heirs  of  such  deceased 

officer  or  soldier  for  such  bounty-land,  it  shall  be  the  duty 

of  the  Secretary  of  the  Interior  to  issue  the  patent  in  the 

name  of  the  heirs  of  such  deceased  officer  or  soldier,  with- 


BOUNTY-LAND   WARRANTS.  11 

out  specifying  each  ;  and  the  patent  so  issued  in  the  name 
of  the  heirs,  generally,  shall  inure  to  the  benefit  of  the 
whole,  in  such  portions  as  they  are  severally  entitled  to  by 
the  laws  of  descent  in  the  State  or  Territory  where  the 
officer  or  soldier  belonged  at  the  time  of  his  death. 

SEC.  2444.  When  proof  has  been  or  hereafter  is  filed  in 
the  Pension-Office,  during  the  life-time  of  a  claimant,  uswn 
establishing,  to  the  satisfaction  of  that  office,  his  right  to 


a  warrant  for  military  services,  and  such  warrant  has  not  may  complete. 

.    '  /»     i  June,     looo, 

been,  or  may  not  be,  issued  until  after  the  death  of  the  ^  i  (n  s.  L., 

claimant,  and  all  such  warrants  as  have  been  heretofore  18f7esecn9(9f  e£-  ' 

issued  subsequent  to  the  death  of  the  claimant,  the  title  i2|)Je  ^  gept  ' 

to  such  warrants  shall  vest  in  his  widow,  if  there  be  one,  i85o,sec.3os.L.| 

and  if  there  be  no  widow,  then  in  the  heirs  or  legatees 

of  the  claimant;  and  all  military  bounty-land  warrants 

issued  pursuant  to  law  shall  be  treated  as  personal  chat- 

tels, and  may  be  conveyed  by  assignment  of  such  widow, 

heirs,  or  legatees,  or  by  the  legal  representatives  of  the 

deceased  claimant,  for  the  use  of  such  heirs  or  legatees 

only. 

SEC.  2445.  The  legal  representatives  of  a  deceased  JJ  \ee  Sjg0^ 
claimant  for  a  bounty-land  warrant,  whose  claim  was}.^.  rePresenta- 
filed  prior  to  his  death,  may  file  the  proofs  necessary  to  g.3^^).869  (15 
perfect  such  claim. 

SEC.  2446.  Where  an  actual  settler  on  the  public  lands  fcgJJg^JXat^ 
has  sought,  or  hereafter  attempts,  to  locate  the  land  set-  ^J^*8  m 
tied  on  and  improved  by  him,  with  a  military  bounty-  S(J  ***e.,  s**g' 
land  warrant,  and  where,  from  any  cause,  an  error  has256)- 
occurred  in  making  such  location,  he  is  authorized  to 
relinquish  the  land  so  erroneously  located,  and  to  locate 
such  warrant  upon  the  land  so  settled  upon  and  improved 
by  him,  if  the  same  then  be  vacant,  and  if  not,  upon  any 
other  vacant  land,  on  making  proof  of  those  facts  to  the 
satisfaction  of  the  land-officers,  according  to  such  rules 
and  regulations  as  may  be  prescribed  by  the  Commis- 
sioner of  the  General  Land-Office,  and  subject  to  his  final 
adjudication. 

LAWS  PRIOR  TO  REVISED  STATUTES  STILL  IN  FORCE. 
Act  February  11,  1847. 

SEC.  9.  And  be  it  further  enacted,  That  each  non-com-  18^c*9  guL       ; 
missioned  officer,  musician,  or  private,  enlisted  or  to  be1 
enlisted  in  the  regular  army,  or  regularly  mustered  in 
any  volunteer  company  for  a  period  of  not  less  than 
11367°—  11-  -  3 


asor 


12  BOUNTY-LAND    WARRANTS. 

twelve  months,  who  has  served  or  may  serve  during  the 

Honorably  dis-  present  war  with  Mexico,  and  who  shall  receive  an  honor- 
charged,    killed,  x 

ice  dfed  fa  serv"  a^e  discharge,  or  who  shall  have  been  killed,  or  died  of 
wounds  received  or  sickness  incurred  in  the  course  of  such 
service,  or  who  shall  have  been  discharged  before  the 
expiration  of  his  term  of  service  in  consequence  of  wounds 
received  or  sickness  incurred  in  the  course  of  such  service, 
shall  be  entitled  to  receive  a  certificate  or  warrant  from 
^ne  war  department  for  the  quantity  of  one  hundred  and 
sixty  acres,  and  which  may  be  located  by  the  warrantee, 
or  his  heirs  at  law  at  any  land  office  of  the  United  States, 
in  one  body,  and  in  conformity  to  the  legal  subdivisions 
of  the  public  lands,  upon  any  of  the  public  lands  in  such 
district  then  subject  to  private  entry;  and  upon  the  re- 
turn of  such  certificate  or  warrant,  with  evidence  of  the 
location  thereof  having  been  legally  made,  to  the  Gen- 
eral Land  Office,  a  patent  shall  be  issued  therefor.  That 
in  the  event  of  the  death  of  any  such  non-commissioned 
officer,  musician,  or  private,  during  service,  or  after  his 
discharge,  and  before  the  issuing  of  a  certificate  or  war- 
dieshbSoreS°isdsue ran^  as  a^oresai(i?  the  said  certificate  or  warrant  shall 
SesSTto  'the  ^e  ^ssue^  ^n  f avor?  and  inure  to  the  benefit,  of  his  family 
dren w  fa8ierchor or  re^atives?  according  to  the  following  rules :  first  to  the 
mother.  widow  and  to  his  children ;  second,  his  father ;  third,  his 

mother.  And  in  the  event  of  his  children  being  minors, 
then  the  legally-constituted  guardian  of  such  minor  chil- 
dren shall,  in  conjunction  with  such  of  the  children,  if 
any,  as  may  be  of  full  age,  upon  being  duly  author- 
ized by  the  orphans'  or  other  court  having  probate 
jurisdiction,  have  power  to  sell  and  dispose  of  such 
certificate  or  warrant  for  the  benefit  of  those  interested. 
And  all  sales,  mortgages,  powers,  or  other  instruments 
of  writing,  going  to  affect  the  title  or  claim  to  any  such 
bounty  right,  made  or  executed  prior  to  the  issue  of  such 
warrant  or  certificate,  shall  be  null  and  void  to  all  intents 
and  purposes  whatsoever,  nor  shall  such  claim  to  bounty 
right  be  in  any  wise  affected  by,  or  charged  with,  or  sub- 
ject to,  the  payment  of  any  debt  or  claim  incurred  by  the 
soldier  prior  to  the  issuing  of  such  certificate  or  warrant : 
Provided,  that  no  land  warrant  issued  under  the  pro- 
visions of  this  act  shall  be  laid  upon  any  lands  of  the 
United  States  to  which  there  shall  be  a  preemption  right, 
or  upon  which  there  shall  be  an  actual  settlement  and 


BOUNTY-LAND   WARRANTS.  13 


cultivation  :  Provided,  further,  That  every  such  non-com- 

missioned  officer,  musician,  and  private,  who  may  be  en-  ^t^to  Deceive 

titled,  under  the  provisions  of  this  act,  to  receive  a  cer-  ™jy  r  ®o°  e  *££ 

tificate  or  warrant  for  one  hundred  and  sixty  acres  of  ^taerr^6percent 

land,  shall  be  allowed  the  option  to  receive  such  certificate 

or  warrant,  or  a  treasury  scrip  for  one  hundred  dollars; 

and  such  scrip,  whenever  it  is  preferred,  shall  be  issued 

by  the  Secretary  of  the  Treasury  to  such  person  or  per- 

sons as  would  be  authorized  to  receive  such  certificates  or 

warrants  for  lands;  said  scrip  to  bear  an  interest  of  six 

per  cent,  per  annum,  payable  semi-annually,  redeemable 

at  the  pleasure  of  the  government.     And  that  each  pri- 

vate, non-commissioned  officer  and  musician,  who  shall 

have  been  received  into  the  service  of  the  United  States, 

since  the  commencement  of  the  war  with  Mexico,  for  less 

than  twelve  months,  and  shall  have  served  for  such  term 

or  until  honorably  discharged,  shall  be  entitled  to  receive 

a  warrant  for  forty  acres  of  land,  which  may  be  subject.  Forty  acres  ai- 

J  '  .         »  J         lowedonac- 

to  private  entry,  or  twenty-five  dollars  in  scrip,  if  pre-  jjjj™*  ^^tnTeSt 

ferred  ;  and  in  the  event  of  the  death  of  such  volunteer  Jj^jjg  than  12 

during  his  term  of  service,  or  after  an  honorable  dis- 

charge, but  before  the  passage  of  this  act,  then  the  war- 

rant for  such  land  or  scrip,  shall  issue  to  the  wife,  child, 

or  children,  if  there  be  any,  and,  if  none,  then  to  the 

father,  and,  if  there  be  no  father,  then  to  the  mother  of 

such  deceased  volunteer:  Provided,1  That  nothing  con- 

tained in  this  section  shall  be  construed  to  give  bounty 

land  to  such  volunteers  as  were  accepted  into  service,  and 

discharged  without  being  marched  to  the  seat  of  war. 

Act  May  27,  1848. 

Be  it  enacted,  etc.,  That  the  term  "  relatives,"  as  used  in    Ac* 
the  ninth  section  of  the  act  entitled  "An  Act  to  raise,  forgs^ 
a  limited  time,  an  additional  military  force,  and  for  other 
purposes,"  approved  eleventh   February,  eighteen  hun- 
dred and  forty-seven,  shall  be  considered  as  extending  to 
the  brothers  and  sisters  of  those  persons  whose  services, 
under  that  act,  may  have  entitled  them  to  the  land  therein 
provided:  the  order  or  priority  of  right,  however,  shall    ° 
remain  as  declared  in  that  act;  and  those  failing,  the 
right  shall  accrue,  fourthly,  to  the  brother  or  sister,  or  in 
equal  proportions  to  the  brothers  and  sisters  of  the  de- 
ceased, as  the  case  may  be. 

1The  act  of  March  22,  1852,  section  4    (10  S.  L.,  4),  repeals  the  last 
proviso  of  the  ninth  section  of  this  act. 


14  BOUNTY-LAND   WARRANTS. 

SEC.  2.  And  be  it  further  enacted,  That  the  benefits  of 
the  said  act  of  eleventh  February,  eighteen  hundred  and 
forty-seven,  shall  not  be  construed  as  forfeited  by  the  pri- 
vates and  non-commissioned  officers  who  have  been,  or 
Promotion    of  may  be,  promoted  to  the  grade  of  commissioned  officer 
comm£kmed°of-  during  their  service  in  Mexico,  and  who  shall  have  sub- 
flcersdo         >ar  sequently  fulfilled  the  condition  of  their  engagements: 
Provided,  Such  promotion  shall  have  been  made  subse- 
quent to  the  original  organization  of  the  company,  corps, 
or  regiment  to  which  such  privates  and  non-commissioned 
officers  may  have  belonged. 

Joint  Resolution  June  16,  1848. 

1848^9  s.^fsS)!     Resolved,  etc.,  That  on  the  restoration  of  peace  with 
in^tion^the  Mexico,  by  a  treaty  of  peace  duly  ratified  and  proclaimed, 
tionSan°dr  distil  the  military  forces  of  the  United  States,  whether  vol- 
unteers,  regulars,  or  the  marine  corps,  who  by  law,  or  the 
se* oMthe  terms  of  their  engagement,  are  to  be  discharged  at  the 
warwithMexico.  close  of  faQ  waTj  shaii?  under  the  direction  of  the  Presi- 
dent of  the  United  States,  be  transported  or  marched,  with 
the  least  practicable  delay,  to  such  posts  or  places  in  the 
United  States  as  may  be  least  expensive  and  most  con- 
venient to  the  troops — and  at  such  places  they  shall  be 
discharged  from  the  service  of  the  United  States;  and 
that  until  they  shall  respectively  reach  such  places  and  be 
discharged,  the  officers  and  men  shall  be  considered,  paid, 
and  treated  as  in  the  service  of  the  United  States,  in  the 
same  manner  as  if  the  war  had  not  closed. 

Act  July  10,  1848. 
Act  10   July,     SEC.  2.  And  be  it  further  enacted.  That  those  enlisted 

1848(9S.L.,246).  „,,  ,  '  .       , 

Bounty  lands  men  of  the  ordnance  department  who  have  served,  or  may 
Etedemen°of  the  serve,  in  Mexico  during  the  war  with  that  country,  shall 
pitmen?  who  be  entitled  to,  and  shall  receive,  the  same  bounty  in  land 

served  in  the  war         .  ,         ,,  -,  ,       ,  , ,  , 

with  Mexico.  as  is  or  may  be  allowed  by  law  to  other  regular  troops  in 
the  service  of  the  United  States,  and  under  like  limitations 
and  restrictions. 

Joint  Resolution  August  10,  1848. 

j.  Res.  10  Aug.,     Resolved,  etc.,  That  the  officers,  non-commissioned  offi- 

joint  resolution' cers,  privates,  and  musicians  of  the  marine  corps,  who 

taSiCeSStfonsCeof  ha ve  served  with  the  army  in  the  war  with  Mexico,  and 

ordnance  corps  also  the  artificers  and  laborers  of  the  ordnance  corps  serv- 

who  have  served  .  -,  i          -i          -i     •          n  i 

with  the  Army  ing  in  said  war,  be  placed,  in  all  respects  as  to  bounty 

in  the  war  with .    &,          ,      ,.  ,.          .          -,-,•,•  -,• 

Mexico.  land  and  other  remuneration,  in  addition  to  ordinary  pay, 


BOUNTY-LAND   WAEKANTS.  15 

on  a  footing  with  the  officers,  non-commissioned  officers, 
privates,  and  musicians  of  the  army :  Provided,  That  this 
remuneration  shall  be  in  lieu  of  prize  money  and  all  other 
extra  allowances. 

An  Act  Making  Appropriations  for  the  Civil  and  Diplomatic     Act  3  Jgr., 1849 

\\y  O.  J^.jOUOj. 

Expenses  of  government  for  the  Year  Ending  the  30th  of     Redemption  of 

June,  1850,  and  for  Other  Purposes.  Treasury  scrip  is- 

sued under    the 

*  *  *  *  A  a.ct  to  rai?e  for  a 

limited  time   an 

additional     mili- 

For  the  redemption  of  the  treasury  scrip  heretofore tary  fo 
issued  for  the  satisfaction  of  the  bounties  promised  to  the 
non-commissioned  officers,  musicians,  and  privates,  by  the 
ninth  section  of  the  act  of  the  eleventh  of  February, 
eighteen  hundred  and  forty-seven,  to  raise  for  a  limited 
time  an  additional  military  force,  and  for  other  purposes, 
and  for  the  satisfaction  in  money  of  such  bounties  due 
under  said  section  of  said  act  as  those  to  whom  they  are 
due  may  elect  to  receive  in  money  instead  of  land,  three 
hundred  thousand  dollars.  'And  the  Secretary  of  the 
Treasury  is  hereby  directed,  immediately  after  the  pas- 
sage of  this  act  to  give  notice,  by  publication  for  sixty 
days,  in  at  least  one  of  the  principal  papers  in  Washing- 
ton city,  Baltimore,  Philadelphia,  New  York,  and  Boston, 
and  in  such  other  papers  as  he  may  deem  expedient,  that 
the  principal  and  interest  of  such  scrip  as  has  been  or  may 
be  issued  prior  to  the  first  of  July,  A.  D.,  eighteen  hun- 
dred and  forty-nine,  will  be  paid  on  that  day  on  pres- 
entation at  the  Treasury  of  the  United  States,  and  that 
the  interest  on  such  scrip  will  cease  on  that  day.  And 
the  said  Secretary  is  further  directed  not  to  issue  scrip 
for  said  bounty  after  that  day,  but  to  pay  the  same  in 
money  out  of  this  appropriation  in  all  cases  when  the 
person  entitled  to  the  bounty  in  land  shall  elect  to  receive 
money  in  lieu  thereof.  *  *  * 

NOTE. — The  compilers  of  the  Revised  Statutes  seem  to  have 
overlooked  the  above-quoted  provision  of  the  act  of  March  3,  1849 
(an  appropriation  act),  which  repealed  so  much  of  the  act  of 
February  11,  1847,  as  provided  for  the  issue  of  scrip  in  lieu  of 
bounty  in  land,  and  said  provision  of  the  act  of  February  11, 
1847,  has  been  re-enacted  in  sections  2418  and  2419,  Revised  Stat- 
utes. It  is,  however,  of  little  importance  in  this  case  whether 
the  said  re-enactment,  in  such  a  codification  of  old  laws  as  the 
Revised  Statutes  purports  to  be,  of  a  repealed  law  reinstates  that 
law  upon  the  statute  books,  for  no  one  is  likely  to  ask  for  the 
issue  of  a  scrip  certificate  for  $100  in  lieu  of  a  bounty-land  war- 


16  BOUNTY-LAND   WARRANTS. 

rant  whose  market  value  is  not  less  than  $175.  It  appears  from 
the  records  of  this  Bureau  and  those  of  the  Treasury  Department 
that  the  last  scrip  certificate  was  issued  June  28,  1849;  that  all 
such  certificates  matured  on  the  1st  of  July,  1849,  when  interest 
thereon  ceased.  The  reports  of  the  Treasury  Department  show 
that  all  of  said  certificates  have  been  redeemed  except  a  small 
number,  amounting  in  value  to  $3,175.  After  the  repeal  of  the 
scrip  provision  of  the  act  of  1847,  the  Pension  Bureau  issued, 
under  the  act  of  1849,  a  certificate  for  $100  in  money  in  lieu  of  a 
warrant  for  160  acres  of  land,  and  $25  in  money  in  lieu  of  a  war- 
rant for  40  acres.  The  last  certificate  of  this  kind  issued  from  this 
Bureau  was  dated  July  29,  1869.  These  money  certificates  bore 
no  interest ;  they  were  simply  so  much  money  paid  the  party  enti- 
tled to  the  warrant  in  lieu  thereof. 

DISLOYALTY. 

Sec.  3480,  R.  S.  REVISED   STATUTES. 

Claims    barred 
by  disloyalty. 
Joint  resolution       0          «,i.r»/v     T,      -,     n    i  i        j»    i    j?  rn 

2  Mar.  1867  (H  SEC.  3480.  It  shall  be  unlawful  for  any  officer  to  pay 
"Bar  removed  any  account,  claim,  or  demand  against  the  United  States 

11,  1898,°  follow- which  accrued  or  existed  prior  to  the  thirteenth  day  of 
April,  eighteen  hundred  and  sixty-one,  in  favor  of  any 
person  who  promoted,  encouraged,  or  in  any  manner  sus- 
tained the  late  rebellion,  or  in  favor  of  any  person  who 
during  such  rebellion  was  not  known  to  be  opposed  there- 
to, and  distinctly  in  favor  of  its  suppression;  and  no 
pardon  heretofore  granted,  or  hereafter  to  be  granted, 
shall  authorize  the  payment  of  such  account,  claim,  or 
demand,  until  this  section  is  modified  or  repealed.  But 
this  section  shall  not  be  construed  to  prohibit  the  pay- 
ment of  claims  founded  upon  contracts  made  by  any  of 
the  Departments,  where  such  claims  were  assigned  or 
contracted  to  be  assigned  prior  to  the  first  day  of  April, 
eighteen  hundred  and  sixty-one,  to  the  creditors  of  such 
contractors,  loyal  citizens-  of  loyal  States,  in  payment 
of  debts  incurred  prior  to  the  first  day  of  March,  eighteen 
hundred  and  sixty-one. 

Act  11   Mar.,  AN  ACT  TO  REPEAL  IN  PART  AND  TO  LIMIT  SECTION 
Applications      THIRTY-FOUR     HUNDRED     AND     EIGHTY     OF     THE 
f0Sec°348ARansd,'      DEVISED    STATUTES    OF    THE    UNITED    STATES. 

amended. 
Proof  of  loyalty 

t^ebemon^-     Be  ^  enacted,  etc.,  That  section  thirty-four  hundred 
pensedwith.       an(j  eighty  of  the  Eevised  Statutes  of  the  United  States 
be,  and  the  same  is  hereby,  so  far  and  no  further,  modi- 
fied and  repealed  as  to  dispense  with  proof  of  loyalty 


BOUNTY-LAND    WARRANTS.  17 

during  the  late  war  of  the  rebellion  as  a  prerequisite  in 
any  application  for  bounty  land  where  the  proof  shows 
that  the  applicant  is  entitled  thereto. 
Approved,  March  11,  1898. 

EXECUTION  OF  PAPERS. 
AN    ACT    IN    RELATION    TO    OATHS    IN    PENSION    AND     Act  1  July,  1890 


OTHER   CASES.  Exectuion    o  f 

declarations   and 
affidavits    in 

Be  it  enacted,  etc.,  That  any  and  all  affidavits  and  dec-  bounty-land 
larations  to  be  hereafter  made  or  used  in  any  pension  or    sec.  4714,  U.S., 

amended. 

bounty  cases,  or  in  claims  against  the  Government  ^orse^!13/£jrg18L3' 

back  pay  or  arrears  or  increase  of  pension,  or  for  quar-573). 

terly  vouchers,  may  be  taken  by  any  officer  authorized  to 

administer  oaths  for  general  purposes  in  the  State,  City, 

or  county  where  said  officer  resides.     If  such  officer  has  a 

seal  and  uses  it  upon  such  paper,  no  certificate  of  a  county 

clerk,  or  prothonotary,  or  clerk  of  a  court  shall  be  neces- 

sar'r  :  but  when  no  seal  is  used  by  the  officer  taking  such  thentication    by 

„"  ,'    .,       ,  ,      ,        -  ,    J£  seal,      certificate 

affidavit,  then  a  clerk  of  a  court  of  record,  or  a  county  or  of  officiai.charac- 
city  clerk,  shall  affix  his  official  seal  thereto,  and  shall  cer- 
tify to  the  signature  and  official  character  of  said  officer. 
Approved,  July  1,  1890. 

JOINT  RESOLUTION  AMENDING  AND  CONSTRUING  THE  1  g^t  ^890^26 
ACT    APPROVED    JULY    FIRST,    EIGHTEEN    HUNDRED  S.  L.,  679). 
AND   NINETY,   IN  RELATION  TO  OATHS  IN  PENSION  sionand  bount?" 


AND   OTHER   CASES.  Juy,  1890. 

amended  and 

Resolved,  etc.,  That  the  act  approved  July  first,  eight-00 
een  hundred  and  ninety,  entitled  "An  act  in  relation  to 
oaths  in  pension  and  other  cases,"  be  and  the  same  is 
hereby,  amended  and  construed  to  mean  that  when  decla- 
rations, affidavits,  and  other  papers  are  verified  by  jus- 
tices of  the  peace  and  other  officers  duly  authorized  by 
law  to  administer  oaths  for  general  persons,  but  not  re- 
quired by  law  to  have  seals,  the  official  character,  signa- 
ture, and  term  of  service  of  such  justice  or  other  officer 
shall  be  certified  by  the  clerk  of  the  county  or  court  of 
record  or  other  proper  officer,  under  the  seal  of  such 
county  or  court  or  public  officer,  in  the  department  or 
bureau  in  which  such  papers  are  to  be  used  ;  and  one  such 
certificate  duly  filed  in  such  department  or  bureau,  or 
with  any  pension  agent,  shall  be  sufficient  as  to  all  veri- 


18  BOUNTY-LAND   WARRANTS. 

fications  of  snch  officer  during  his  official  term,  and  all 
papers  heretobefore  or  hereafter  filed  shall  be  subject  to 
this  rule. 

Approved,  September  1,  1890. 

NOTE.— Prior  to  the  passage  of  the  act  of  July  1,  1890,  it  does 
not  appear  that  there  was  any  law  providing,  in  letter,  for  the 
execution  of  declarations  in  bounty  land  claims  but  the  laws  gov- 
erning the  execution  of  declarations  in  pension  claims  were  con- 
strued by  the  Department  and  this  Bureau  as  covering  this  class 
of  cases. 

OFFENSES. 

Act  7  July  1898  AN  ACT  TO  AMEND  SECTION  FORTY-SEVEN  HUNDRED 
Sec.  4746,  R.  S.,      AND  FORTY-SIX  OF  THE  REVISED  STATUTES  OF  THE 
amended.  UNITED   STATES. 

Be  it  enacted,  etc.,  That  section  forty-seven  hundred 
and  forty-six  of  the  Revised  Statutes  of  the  United  States 
is  hereby  amended  to  read  as  follows : 

MaT5' lira  (nV     "  That  every  person  who  knowingly  or  willfully  makes 

L.,  575).  or  ai(Js?  or  assists  in  the  making,  or  in  any  wise  procures 

the  making  or  presentation  of  any  false  or  fraudulent 

affidavit,   declaration,   certificate,   voucher,   or   paper   or 

writing  purporting  to  be  such,  concerning  any  claim  for 

fabeeaffidavft  eter  Pens^on  OI>  Pavment  thereof,  or  pertaining  to  any  other 
matter  within  the  jurisdiction  of  the  Commissioner  of 
Pensions  or  of  the  Secretary  of  the  Interior,  or  who 
knowingly  or  willfully  makes  or  causes  to  be  made,  or 
aids  or  assists  in  the  making,  or  presents  or  causes  to  be 
presented  at  any  pension  agency  any  power  of  attorney 
or  other  paper  required  as  a  voucher  in  drawing  a  pen- 
sion, which  paper  bears  a  date  subsequent  to  that  upon 
which  it  was  actually  signed  or  acknowledged  by  the 
pensioner,  and  every  person  before  whom  any  declaration, 
affidavit,  voucher,  or  other  paper  or  writing  to  be  used  in 
aid  of  the  prosecution  of  any  claim  for  pension  or  bounty 
land  or  payment  thereof  purports  to  have  been  executed 
who  shall  knowingly  certify  that  the  declarant,  affiant,  or 
witness  named  in  such  declaration,  affidavit,  voucher,  or 
other  paper  or  writing  personally  appeared  before  him 
and  was  sworn  thereto,  or-  acknowledged  the  execution 
thereof,  when,  in  fact,  such  declarant,  affiant,  or  witness 
did  not  personally  appear  before  him  or  was  not  sworn 
thereto,  or  did  not  acknowledge  the  execution  thereof, 
shall  be  punished  by  a  fine  not  exceeding  five  hundred 


BOUNTY-LAND    WARRANTS.  19 

dollars,  or  by  imprisonment  for  a  term  of  not  more  than   • 
five  years. 

Approved,  July  7,  1898. 

AN  ACT  TO  CODIFY,  REVISE,  AND  AMEND  THE  PENAL 
LAWS  OF  THE  UNITED  STATES. 


SEC.  29.  Whoever  shall  falsely  make,  alter,  forge,  or^0;  ™>  crim- 
counterfeit,  or  cause  or  procure  to  be  falsely  made,  po^j**f  da^: 
altered,  forged,  or  counterfeited,  or  willingly  aid  or  assist  ney> etc- 
in  the  false  making,  altering,  forging,  or  counterfeiting, 
any  deed,  power  of  attorney,  order,  certificate,  receipt,  Seo-  5421> R- s- 
contract,  or  other  writing,  for  the  purpose  of  obtaining 
or  receiving,  or  of  enabling  any  other  person,  either  di- 
rectly or  indirectly,  to  obtain  or  receive  from  the  United 
States,  or  any  of  their  officers  or  agents,  any  sum  of 
money ;  or  whoever  shall  utter  or  publish  as  true,  or  cause 
to  be  uttered  or  published  as  true,  any  such  false,  forged, 
altered,  or  counterfeited  deed,  power  of  attorney,  order, 
certificate,  receipt,  contract,  or  other  writing,  with  intent 
to  defraud  the  United  States,  knowing  the  same  to  be 
false,  altered,  forged,  or  counterfeited;  or  whoever  shall 
transmit  to,  or  present  at,  or  cause  or  procure  to  be  trans- 
mitted to,  or  presented  at,  any  office  or  officer  of  the  Gov- 
ernment of  the  United  States,  any  deed,  power  of  attor- 
ney, order,  certificate,  receipt,  contract,  or  other  writing, 
in  support  of,  or  in  relation  to,  any  account  or  claim, 
with  intent  to  defraud  the  United  States,  knowing  the 
same  to  be  false,  altered,  forged,  or  counterfeited,  shall 
be  fined  not  more  than  one  thousand  dollars  and  impris- 
oned not  more  than  ten  years. 

#  *  *  *  * 

SEC.  73.  Whoever  shall  falsely  make,  alter,  forge,  or^^f-  73,  crim. 
counterfeit  any  military  bounty-land  warrant,  or  military  tefyort^ 
bounty-land  warrant  certificate,  issued  or  purporting  to  warrant,  etc. 
have  been  issued  by  the  Commissioner  of  Pensions  under    R- s-' s<  542°* 
any  law  of  Congress,  or  any  certificate  or  duplicate  cer- 
tificate of  location  of  any  military  bounty-land  warrant, 
or  military  bounty-land  warrant  certificate  upon  any  of 
the  lands  of  the  United  States,  or  any  certificate  or  dupli- 
cate certificate  of  the  purchase  of  any  of  the  lands  of  the 
United  States,  or  any  receipt  or  duplicate  receipt  for  the 
purchase  money  of  any  of  the  lands  of  the  United  States, 
11367°— 11 1 


20  BOUNTY-LAND   WARRANTS. 

issued  or  purporting  to  have  been  issued  by  the  register 
and  receiver  at  any  land  office  of  the  United  States  or  by 
either  of  them;  or  whoever  shall  utter,  publish,  or  pass 
as  true,  any  such  false,  forged,  or  counterfeited  military 
bounty-land  warrant,  military  bounty-land  warrant  cer- 
tificate, certificate  or  duplicate  certificate  of  location,  cer- 
tificate or  duplicate  certificate  of  purchase,  receipt  or  du- 
plicate receipt  for  the  purchase  money  of  any  of  the  lands 
of  the  United  States,  knowing  the  same  to  be  false, 
forged,  or  counterfeited,  shall  be  imprisoned  not  more 
than  ten  years. 

*  *  *  *  * 

C(xfec>  109'  Crim'      SEC.  109.  Whoever,    being   an    officer    of    the    United 

be°£terest^d  to  States,  or  a  person  holding  any  place  of  trust  or  profit, 

the'united^tSS  or  discharging  any  official  function  under,  or  in  connec- 

tion with,  any  Executive  Department  of  the  Government 

3ec.5498,R.s.of  the  United  states,  or  under  the  Senate  or  House  of 

^Representatives  of  the  United  States,  shall  act  as  an  agent 
or  attorney  for  prosecuting  any  claim  against  the  United 
States,  or  in  any  manner,  or  by  any  means,  otherwise  than 
in  discharge  of  his  proper  official  duties,  shall  aid  or 
assist  in  the  prosecution  or  support  of  any  such  claim,  or 
receive  any  gratuity,  or  any  share  of  or  interest  in  any 
claim  from  any  claimant  against  the  United  States,  with 
intent  to  aid  or  assist,  or  in  consideration  of  having  aided 
or  assisted,  in  the  prosecution  of  such  claim,  shall  be  fined 
not  more  than  five  thousand  dollars,  or  imprisoned  not 
more  than  one  year,  or  both. 

***** 


code'  113'  Crim'     SEC.  -^'  Whoever,  being  elected  or  appointed  a  Sen- 

gr^sTa^to0fcom-  a^or'  Member  of  or  Delegate  to  Congress,  or  a  Resident 

ter^to^hfehthe  ^omm^ss^oner'  snall,  after  his  election  or  appointment 

Uartfes  States  are  an(^  either  before  or  after  he  has  qualified,  and  during  his 

continuance  in  office,  or  being  the  head  of  a  department, 

or  other  officer  or  clerk  in  the  employ  of  the  United 

sec.  1782,  R.  s.  States,  shall,  directly  or  indirectly,  receive,  or  agree  to 

receive,  any  compensation  whatever  for  any  services  ren- 

dered or  to  be  rendered  to  any  person,  either  by  himself 

or  another,  in  relation  to  any  proceeding,  contract,  claim, 

controversy,  charge,  accusation,  arrest,  or  other  matter  or 

thing  in  which  the  United  States  is  a  party  or  directly  or 

indirectly  interested,  before  any  department,  court-mar- 

tial, bureau,  officer,  or  any  civil,  military,  or  naval  com- 

mission whatever,  shall  be  fined  not  more  than  ten  thou- 

sand dollars  and  imprisoned  not  more  than  two  years; 


BOUNTY-LAND   WARRANTS.  21 

and  shall,  moreover,  thereafter  be  incapable  of  holding 
any  office  of  honor,  trust,  or  profit  under  the  Government 
of  *the  United  States. 

NOTE. — For  law  penalizing  the  demanding  or  receiving  of  an  ille- 
gal fee  by  an  agent  or  attorney,  see  last  paragraph,  section  4,  act 
July  4,  1884,  page  23. 

AGENTS  AND  ATTORNEYS. 
REVISED  STATUTES. 

SEC.  190.  It  shall  not  be  lawful  for  any  person  ap-    f^'so1^  R'for- 
pointed  after  the  first  day  of  June,  one  thousand  eight  ^me^not^o 
hundred  and  seventy-two,  as  an  officer,  clerk,  or  employe  {£°Ste  daims 
in  any  of  the  Departments,  to  act  as  counsel,  attorney  or  iw$c\}j  V^ 
agent  for  prosecuting  any  claim  against  the  United  States 202)- 
which  was  pending  in  either  of  said  Departments  while 
he  was  such  officer,  clerk,  or  employe,  nor  in  any  manner, 
nor  by  any  means,  to  aid  in  the  prosecution  of  any  such 
claim,  within  two  years  next  after  he  shall  have  ceased  to 
be  such  officer,  clerk,  or  employe. 

SEC.  3478.  Any  person  prosecuting  claims,  either  as  at-    oTt'n^by^r- 
torney  or  on  his  own  account,  before  any  of  the  Depart-  claims?™86011*1118 
ments  or  Bureaus  of  the  United  States,  shall  be  required  i8^ct(i27  s.Jui^ 
to  take  the  oath  of  allegiance,  and  to  support  the  Consti- 610)* 
tution  of  the  United  States,  as  required  of  persons  in  the 
civil  service.1 

SEC.  3479.  The  oath  provided  for  in  the  preceding  sec-    who^may11^ 
tion  may  be  taken  before  any  justice  of  the  peace,  notary  mActteri?atJuiy, 
public,  or  other  person  who  is  legally  authorized  to  ad-J^2,  (12  s>  L*' 
minister  an  oath  in  the  State  or  district  where  the  same 
may  be  administered. 


AN    ACT    MAKING    APPROPRIATIONS    FOR    THE    PAY-  (2s  L 
MENT     OF     INVALID     AND     OTHER     PENSIONS     OF  ^^ 
THE   UNITED   STATES   FOR   THE   FISCAL   YEAR   END- amended. 
ING    JUNE    THIRTIETH,    EIGHTEEN    HUNDRED    AND 
EIGHTY-FIVE,  AND  FOR  OTHER  PURPOSES. 

SEC.  3.  That  section  forty-seven  hundred  and  eighty- 
five  of  the  Revised  Statutes  is  hereby  re-enacted  and 
amended  so  as  to  read  as  follows: 

IFORM  OF  OATH  REQUIRED.     (SEC.  1757,  R.  S.) 

It ,   do  solemnly  swear    (or  affirm)    that  I  will  support 

and  defend  the  Constitution  of  the  United  States  against  all  enemies, 
foreign  and  domestic;  that  I  will  bear  true  faith  and  allegiance  to  the 
same ;  that  I  take  this  obligation  freely,  without  any  mental  reserva- 
tion or  purpose  of  evasion ;  and  that  I  will  well  and  faithfully  discharge 
the  duties  of  the  office  on  which  I  am  about  to  enter.  So  help  me  God. 


22  BOUNTY-LAND   WARRANTS. 


ney1osr  proScSl  "  SEC.  4785.  No  agent  or  attorney  or  other  person  shall 
demand  or  receive  any  other  compensation  for  his  services 
in  prosecuting  a  claim  for  pension  or  bounty  land  than 
such  as  the  Commissioner  of  Pensions  shall  direct  to  be 
paid  to  him,  not  exceeding  twenty-five  dollars  ;  nor  shall 
such  agent,  attorney  or  other  person  demand  or  receive 
such  compensation,  in  whole  or  in  part,  until  such  pension 
or  bounty-land  claim  shall  be  allowed  :  Provided,  That  in 
all  claims  allowed  since  June  twentieth  eighteen  hundred 
and  seventy-eight  where  it  shall  appear  to  the  satisfac- 
m^rta!?  cases  tion  of  the  Commissioner  of  Pensions  that  the  fee  of  ten 
fromb^eiSon.cted  dollars,  or  any  part  thereof,  has  not  been  paid,  he  shall 
cause  the  same  to  be  deducted  from  the  pension,  and  the 
pension  agent  to  pay  the  same  to  the  recognized  attorney." 
'  S''  SEC.  4.  That  section  forty-seven  hundred  and  eighty- 
six  of  the  Ke  vised  Statutes  is  hereby  amended  so  as  to 
read  as  follows: 

to     "  SEC'  4786<  The  a£ent  or  attorney  of  record  in  the 
be  med.  prosecution  of  the  case  may  cause  to  be  filed  with  the 

Commissioner  of  Pensions,  duplicate  articles  of  agree- 
ment, without  additional  cost  to  the  claimant,  setting 
forth  the  fee  agreed  upon  by  the  parties,  which  agree- 
ment shall  be  executed  in  the  presence  of  and  certified  by 
some  officer  competent  to  administer  oaths.  In  all  cases 
where  application  is  made  for  pension  or  bounty  land, 
raFiTu^eetffifef  an^  no  agreement  is  filed  with  the  Commissioner  as  herein 
agreement.  provided,  the  fee  shall  be  ten  dollars  and  no  more.  And 
agreement,  eetc°,fsuc^  ar>ticles  of  agreement  as  may  hereafter  be  filed  with 
SS^iafms^nTy"  the  Commissioner  of  Pensions  are  not  authorized,  nor 
will  they  be  recognized  except  in  claims  for  original  pen- 
sions, claims  for  increase  of  pension  on  account  of  a  new 
disability,  in  claims  for  restoration  where  a  pensioner's 
name  has  been  or  may  hereafter  be  dropped  from  the  pen- 
sion rolls  on  testimony  taken  by  a  special  examiner,  show- 
ing that  the  disability  or  cause  of  death,  on  account  of 
which  the  pension  was  allowed,  did  not  originate  in  the 
line  of  duty,  and  in  cases  of  dependent  relatives  whose 
names  have  been  or  may  hereafter  be,  dropped  from  the 
rolls  on  like  testimony,  upon  the  ground  of  non-depend- 
ence, and  in  such  other  cases  of  difficulty  and  trouble  as 
the  Commissioner  of  Pensions  may  see  fit  to  recognize 
them:  Provided,  That  no  greater  fee  than  ten  dollars 
shall  be  demanded,  received,  or  allowed  in  any  claim 
land?  etc.  bounty"  ^or  pension  or  bounty  land  granted  by  special  act  of 


BOUNTY-LAND  WARRANTS.  23 

Congress,  nor  in  any  claim  for  increase  of  pension  on 
account  of  the  increase  of  the  disability  for  which  the 
pension  had  been  allowed :  And  provided  further.  That  N<>  fee  allowed 

*^  tor     srrG&rs     01 

no  fee  shall  be  demanded,  received,  or  allowed  in  any  pensions,  etc. 
claim  for  arrears  of  pension  or  arrears  of  increase  of 
pension  allowed  by  any  act  of  Congress  passed  subsequent 
to  the  date  of  the  allowance  of  the  original  claims  in 
which  such  arrears  of  pension,  or  of  increase  of  pension, 
may  be  allowed." 

The  articles  of  agreement  herein  provided  for  shall  be 
in  substance  as  follows,  to  wit :     *     *     *  l 

And  if  in  the  adjudication  of  any  claim  for  pension  in 
which  such  articles  of  agreement  have  been,  or  may  here- 
after  be,  filed,  it  shall  appear  that  the  claimant  had,  prior for  faUure- 
to  the  execution  thereof,  paid  to  the  attorney  any  sum  for 
his  services  in  such  claim,  and  the  amount  so  paid  is  not 
stipulated  therein,  then  every  such  claim  shall  be  adjudi- 
cated in  the  same  manner  as  though  no  articles  of  agree- 
ment had  been  filed,  deducting  from  the  fee  of  ten  dollars 
allowed  by  law  such  sum  as  claimant  shall  show  that  he 
has  paid  to  his  said  attorney. 

Any  agent  or  attorney  or  other  person  instrumental 
prosecuting  any  claim  for  pension  or  bounty  land,  w 
shall  directly  or  indirectly  contract  for,  demand  or  receive 
or  retain  any  greater  compensation  for  his  services  or  in- 
strumentality in  prosecuting  a  claim  for  pension  or 
bounty  land  than  is  herein  provided,  or  for  payment 
thereof  at  any  other  time  or  in  any  other  manner  than  is 
herein  provided,  or  who  shall  wrongfully  withhold  from 
a  pensioner  or  claimant  the  whole  or  any  part  of  the  pen- 
sion or  claim  allowed  and  due  such  pensioner  or  claim- 
ant, or  the  land  warrant  issued  to  any  such  claimant,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  for  every  such  offense  be  fined  not  exceeding 
five  hundred  dollars,  or  imprisoned  at  hard  labor  not  ex- 
ceeding two  years,  or  both,  in  the  discretion  of  the  court. 

SEC.  5.  That  the  Secretary  of  the  Interior  may  pre- 
scribe  rules  and  regulations  governing  the  recognition 
agents,  attorneys,  or  other  persons  representing  claimants  JJjj^ 
before  his  Department,  and  may  require  of  such  persons,  claims, 
agents,  and  attorneys,  before  being  recognized  as  repre- 
sentatives of  claimants,  that  they  shall  show  that  they  are 
of  good  moral  character  and  in  good  repute,  possessed  of 
the  necessary  qualifications  to  enable  them  to  render  such 

1  The  approved  form  of  articles  of  agreement  will  be  found  on  page  30. 


24  BOUNTY-LAND   WARRANTS. 

claimants  valuable  service,  and  otherwise  competent  to 
advise  and  assist  such  claimants  in  the  presentation  of 
their  claims  and  such  Secretary  may,  after  notice  and  op- 
portunity for  a  hearing,  suspend  or  exclude  from  further 
practice  before  his  department  any  such  person,  agent  or 
attorney  shown  to  be  incompetent,  disreputable,  or  who 
refuses  to  comply  with  the  said  rules  and  regulations,  or 
who  shall  with  intent  to  defraud  in  any  manner  deceive, 
mislead,  or  threaten  any  claimant,  or  prospective  claim- 
ant, by  word,  circular,  letter,  or  by  advertisement. 
commissioner  SEC.  6.  The  Commissioner  shall  have  power,  subject  to 

of  Pensions  may 

reject    contracts  re  view  by  the  Secretary,  to  reject  or  refuse  to  recognize 
any  contract  for  fees,  herein  provided  for,  whenever  it 
shall  be  made  to  appear  that  any  undue  advantage  has 
been  taken  of  the  claimant  in  respect  to  such  contract. 
Approved,  July  4,  1884. 

RULES  OF  PRACTICE  IN  PENSION  AND  BOUNTY  LAND 
APPEALS. 

Appeals.  RULE  I.  —  Except  as  herein  otherwise  provided,  an 

appeal  may  be  taken  to  the  Secretary  of  the  Interior  from 
the  final  action  or  order  of  the  Commissioner  of  Pensions 
in  all  matters  relating  to  pensions  or  bounty  land,  and  a 
separate  appeal  must  be  filed  in  each  claim. 

rued  with  com-     RULE  II.  —  Appeals  must  be  filed  with  the  Commissioner 

missioner  of  Pen-     „  _  ±f        _,  .  .,,    ,,  .  ,  . 

sions;  to  be  acted  of  Pensions.     The  Commissioner  will  thereupon,  within 

on  within  30  days;  »•-,•••  i  i 

if  action  be  ad-  thirty  days  from  the  filing  of  said  appeal,  consider  and 

hered  to,  the  ap-  ,  ,-  .  »  1-1,1 

determine  whether  the  action  or  order  from  which  the 


be  sent  Depart-  appeal  is  taken  shall  be  adhered  to;  and  if  he  shall  de- 
Docketing.  termine  not  to  recede  therefrom,  he  shall,  within  said 
period  of  thirty  days,  forward  said  appeal,  together  with 
the  record  in  the  case  and  a  report  stating  his  reasons  for 
the  action  or  order  complained  of,  to  the  Department  ;  and 
said  appeal  shall  thereupon  be  entered  upon  a  docket  kept 
^or  ^a^  purpose.  Upon  the  perfection  of  such  appeal, 
by  transmission  and  docketing  aforesaid,  the  jurisdiction 
of  the  Commissioner  shall  cease  and  determine,  and  the 
case  will  be  decided  by  the  Secretary  on  the  record.  The 
decision  of  the  Secretary  shall  be  in  duplicate  and  the 
same  shall  be  transmitted  with  said  record  to  the  Com- 
missioner of  Pensions  for  action  in  accordance  therewith. 
copy  of  deci-  One  copy  of  the  decision  shall  be  transmitted  by  the  Com- 

sion  to  be  sent  to  "  J  •      •»    t  i»      j 

appellant  or  his  missioner  to  the  appellant  or  his  duly  accredited  attorney. 
Limitation   as     RULE  III.  —  No  appeal  will  be  entertained  unless  filed 
wdthin  one  year  from  the  date  of  notice  of  final  action  or 
order  of  which  complaint  is  made. 


BOUNTY-LAND   WARRANTS.  25 


RULE  IV.—  No  appeal  will  be  entertained   from  the  rj™  no 
refusal  of  the  Commissioner  of  Pensions  to  recognize 
attorneys  or  agents  in  prosecuting  claims  for  pension  or  prohibits  fee. 
bounty  land  under  any  law  wherein  the  payment  of  a  fee 
for  such  service  is  prohibited. 

RULE  V.  —  In  each  appeal,  the  name  and  service  of  the  ^^^s  to 
soldier,  on  account  of  whose  service  the  claim  is  based,    see  Rule  xi. 
must  be  stated,  together  with  the  number  of  claim,  the 
law  under  which  the  claim  is  prosecuted,  and  the  date  and 
substance  of  the  action  from  which  the  appeal  is  taken. 

RULE  VI.  —  An  appeal  by  an  attorney  will  not  be  enter- 
tained  unless  he  has  filed  a  duly  executed  power  of  attor- 
ney  for  this  purpose  from  the  appellant,  or  is  entitled 
under  the  rules  to  recognition. 

RULE  VII.  —  An  appeal  taken  on  behalf  of  a  claimant 
by  or  through  a  suspended  or  disbarred  attorney  will  not 
be  entertained.  tained. 

RULE  VIII.  —  No  appeal  pertaining  to  the  allowance  of  refundment  of. 
a  fee  when  the  refundment  has  been  called  for  will  be 
entertained  unless  refundment  as  required  shall  have  been 
made. 

RULE  IX.  —  The  Commissioner  of  Pensions  shall  return 
to  the  appellant  any  appeal  not  in  conformity  with  the  JgJJJJ 
provisions  of  Rules  III  to  VIII,  inclusive,  stating  wherein  lant- 
the  appeal  is  defective. 

RULE  X.  —  In  procedings  before  the  Commissioner  in 
which  he  shall  decide  that  a  party  has  no  right  to  appeal 
to  the  Secretary  or  that  said  appeal  may  not  be  enter- 
tained  under  the  provisions  of  the  foregoing  rules  such 
party  may  apply  to  the  Secretary  for  an  order  directing  cSJJ 
the  Commissioner  to  certify  said  action  together  with  the 
record  in  the  case  to  the  Department;  and  such  applica-  right  to  appeal< 
tion  shall  be  in  writing,  under  oath,  and  shall  fully  and 
specifically  set  forth  the  grounds  upon  which  the  same  is 
based. 

RULE  XI.  —  Each  appeal  must  contain  specific  assign-  co£gg;al 
ments  of  the  alleged  mistake  or  error  of  law  or  of  fact  in 
the  adjudication  of  said  claim  by  the  Commissioner 
Pensions  ;  and  any  appeal  insufficient  in  this  respect  may  v>) 
be  dismissed  by  the  Secretary. 

RULE  XII.  —  A  motion  for  reconsideration  of  any  de- 
partmental  decision  may  be  filed  with  and  entertained 
by  the  Secretary,  in  his  discretion,  if  filed  within  sixtations- 
months  from  the  date  when  such  decision  was  rendered. 
It  must  be  shown  in  said  motion  that  some  material  fea- 


26  BOUNTY-LAND   WARRANTS. 

ture  of  the  case  has  not  been  considered  in  said  decision, 
or  that  there  was  error  of  law  or  of  fact. 

sio^lStTaH;  RuLE  XIII.— Upon  the  adjudication  of  a  claim  for 
ffiitoS.ctlce;  division  of  pension  under  the  act  of  March  3,  1899,  in  the 
Bureau  of  Pensions,  both  parties  will  be  promptly  noti- 
fied by  the  bureau,  by  registered  letter,  of  the  action 
taken.  Each  party  will,  in  the  absence  of  waiver,  be 
allowed  thirty  days  from  receipt  of  said  notice  to  appeal 
from  said  action,  the  appeal  to  be  accompanied  by  due 
proof  of  service  of  a  copy  thereof  upon  the  appellee,  as 
required  by  rule  14.  Unless  such  bureau  action  is  ap- 
pealed from  within  thirty  days  from  receipt  of  said 
notice,  the  bureau  action  shall  be  deemed  to  be  final  to 
the  extent  that  all  payments  of  divisions  of  pension  in 
accordance  with  such  bureau  action  will  not,  in  the  ab- 
sence of  fraud  or  mistake  of  fact,  be  disturbed:  Pro- 
vided, The  unexplained  failure  of  a  pensioner  to  ap- 
pear, answer,  or  in  any  way  plead  to  the  claimant's 
application,  after  due  notice  thereof  by  the  bureau,  will 
be  deemed  a  waiver  of  his  right  to  appeal  to  the  extent 
that,  if  the  claim  be  allowed,  final  orders  for  division  of 
pension  may  issue  at  once. 
First,  second,  RULE  XIV. — Appeals  from  bureau  action  in  cases  under 

and    third    pro-  •*• 

visos  of  act  Mar.  the  first,  second,  and  third  provisos  of  the  act  of  March  3, 

3,   1899;  proof  of 

service  of  notice  1899,  should  be  accompanied  by  due  proof  of  service  of  a 

on  appellee  pre-  n          •    *  - 

requisite.  copy  or  the  appeal  upon  the  appellee  or  his  or  her  attorney 

of  record. 

Proof  of  service  must  be  such  as  will  satisfy  the  Com- 
missioner of  Pensions  that  the  appellee  has  been  informed 
of  the  appeal  and  the  contents  thereof,  and  may  consist 
of,  first,  a  written  acceptance  of  service  by  the  appellee  or 
his  or  her  attorney  of  record ;  or,  second,  a  postal  registry 
return  receipt  card,  signed  by  appellee  or  attorney  of 
record,  accompanied  by  an  affidavit,  showing  that  on  a 
certain  date  a  copy  of  the  appeal  was  mailed  in  a  regis- 
tered letter,  postpaid,  to  the  appellee  or  the  attorney  of 
record,  addressed  to  a  certain  post  office  (naming  it),  that 
the  card  was  returned  in  acknowledgment  of  the  receipt 
of  such  letter;  or,  third,  an  affidavit  showing  that  on  a 
certain  day  and  at  a  certain  place  a  copy  of  the  appeal 
was  personally  delivered  to  the  appellee  or  his  or  her 
attorney  of  record. 

Appeals  in  this  class  of  cases  unaccompanied  by  due 
proof  of  service,  or  a  satisfactory  reason  why  personal 
service  can  not  be  made,  will  not  be  filed  or  considered, 


BOUNTY-LAND    WARRANTS.  27 

but  will  be  promptly  returned  to  the  appellant,  or  his  or 
her  attorney  of  record  for  compliance  with  this  rule. 

RULE  XV.— Appeals  from  Bureau  action  in  cases  nnderde5c^rI0^ap^j 
the  first,  second  and  third  provisos  of  the  act  of  March  3,  g*[fme0? *  ^?en 
1899,  when  accompanied  by  due  proof  of  service  of  a  copy  Sn^topS 
'thereof  upon  the  appellee/will  be  filed,  and  the  appellant for  fiUne  answer- 
and  appellee  promptly  notified  thereof.     The  appeal  will 
operate  to  suspend  further  payment  of  the  one-half  pen- 
sion in  controversy  until  a  decision  shall  have  been  ren- 
dered therein  by  the  Department,  and  the  appellee  will  be 
allowed  thirty  days  from  the  date  of  filing  the  appeal  in 
which  to  file  an  answer,  brief  or  argument,  in  opposition 
to  the  appeal  or  in  support  of  the  bureau  action  appealed 
from. 

RULE  XVI. — Appeals  from  the  Bureau  action  in  cases 
under  the  first,  second,  or  third  provisos  of  the  act  of 
March  3,  1899,  should  be  confined  to  cases  under  that  act,  der  other  laws, 
and  not  joined  with  an  appeal  from  action  in  an  invalid 
claim  or  claims  under  other  acts  of  Congress,  and  when 
perfected  by  due  proof  of  service  of  a  copy  of  the  appeal 
upon  the  appellee,  as  required  by  rule  14,  should  be  ad- 
dressed to  the  Commissioner  of  Pensions.  This  appeal 
should  state  the  post-office  address  of  the  appellant  and 
appellee,  and  the  certificate  number  and  the  service  (com- 
pany and  regiment,  etc.)  of  the  pensioner,  and  should 
briefty,  but  specifically,  state  the  error  of  law  or  fact  com- 
plained of  and  the  grounds  relied  upon  for  reversing  or 
modifying  the  bureau  action  appealed  from. 

No  additional  evidence  upon  the  merits  of  the  claim    Evidence, 
should  be  filed  by  either  appellant  or  appellee,  or  consid- 
ered on  appeal. 

RULE  XVII. — Motions  for  review  of  departmental  de- 
cisions  in  cases  for  division  of  pension  under  the  act  of 
March  3, 1899,  should  be  addressed  to  the  Secretary  of 
Interior  and  refer  to  the  docket  number  of  appeal,  stating 
the  names  of  the  parties.  The  motion  should  briefly , service 
but  specifically,  state  the  error  of  law  or  of  fact  in  the 
decision  sought  to  be  reversed  or  modified  and  clearly  in- 
dicate the  grounds  relied  upon  for  reversing  or  modify- 
ing the  decision,  and  may  be  accompanied  by  brief  or 
argument  in  support  thereof.  The  motion  should  be  ac- 
companied with  due  proof  of  service  of  a  copy  of  the 
motion  upon  the  opposite  party,  or  his  or  her  attorney,  as 
indicated  in  rule  14  of  practice. 


28 


BOUNTY-LAND  WARRANTS. 


toLffigatanswer!     The  °PP°site  party  will  be  allowed  thirty  days  in  which 
etc-  to  reply  to  said  motion,  if  desired,  by  answer,  brief,  or  ar- 

gument, and  thereupon  the  motion  will  be  promptly  con- 
sidered by  the  department,  and  a  copy  of  the  departmental 
decision  or  order,  on  the  motion  for  review,  will  be  duly 
forwarded  to  the  parties  or  their  attorneys  by  the  Bureau 
of  Pensions. 

paymenfoniy  at     ^°  m°tion  for  review  of  a  departmental  decision  under 
rSoSment's  ^  sa*d  act  s^a^  0Perate  to  suspend  payment  of  one-half  the 
pension  in  controversy  unless  expressly  directed  by  this 
department. 

The  requirements  of  rules  14  and  16  of  practice,  as  to 
appeals,  are  applicable  to  motions  for  review  under  said 

act. 

***** 


xvi 
piicabi 


Repeai. 


aoove  rules,  governing  the  practice  in  appealed 
claims  before  the  department,  relating  to  pensions  and 
bounty  lands,  shall  become  effective  on  and  after  Septem- 
ber 1,  1911,  and  all  rules  and  orders  heretofore  promul- 
gated  inconsistent  with  the  foregoing  are  hereby  abro- 
gated. 

CARMI  A.  THOMPSON, 

Assistant  Secretary. 
AUGUST  15,  1911. 


RULES  OF  PRACTICE  BEFORE   THE  BUREAU   OF 
PENSIONS. 


prosecute*  Satas0  •  ^ULE  *•  ^  person  appearing  of  record  in  the  Bureau  of 
Pensions  as  having  complied  with  the  regulations  pre- 
scribed by  the  Secretary  of  the  Interior  for  the  recogni- 
tion of  agents  or  attorneys  before  the  Department  of  the 
Interior  will  be  held  authorized  to  prosecute  any  claim 
for  pension  or  bounty  land,  in  wrhich  the  law  does  not 
prohibit  the  payment  of  an  attorney's  fee,  on  filing  a 
power  of  attorney  from  the  claimant  :  Provided,  however, 
That  the  Commissioner  of  Pensions,  in  his  discretion, 
may  recognize  such  person  without  compensation  in  any 
claim  for  pension  or  bounty  land  heretofore  filed,  or 
that  may  hereafter  be  filed,  in  which  the  law  prohibits 
the  payment  of  such  fee. 
Transfers  of  at-  EULE  2.  Transfers  of  attorneyship  will  be  governed  by 

torneyship.  ,,*,,.,  J 

the  following  rules  : 


BOUNTY-LAND  WAKRANTS.  29 

(a)  Transfers  of  attorneyship  must  be  acknowledged 
before  some  officer  authorized  to  administer  oaths  for 
general  purposes  in  the  presence  of  two  witnesses  who 
must  sign  their  names  to  the  instrument  of  transfer. 

(b)  In  all  transfers  of  attorneyship  a  separate  slip 
must  be  filed   for  each  claim  transferred,  showing  its 
number,  the  name  of  the  claimant,  the  name  of  the  soldier 
or  sailor,  the  service  on  which  the  claim  is  based,  the 
name  and  address  of  the  transferee,  and  an  acknowledg- 
ment by  the  transferee  of  the  transfer. 

(c)  A  transfer  not  general  in  character,  but  of  a  lim- 
ited number  of  claims,  from  one  agent,  attorney,  or  firm 
to   another,   must  be  accompanied   also  by  a  schedule, 
alphabetically  arranged,  showing  for  each  claim  the  data 
required  on  said  slips. 

(d)  A  transfer  made  by  the  legal  representative  of  a 
deceased  or  incompetent  agent  or  attorney  must  be  accom- 
panied by  a  duly  authenticated  certificate  of  an  officer  of 
the  court  having  jurisdiction,  showing  the  authority  of 
such  representative. 

(e)  The  written  consent  of  the  claimant  is  necessary 
to  entitle  a  transferee  to  recognition  in  an  incomplete 
claim,  the  transfer  of  attorneyship  in  all  such  cases  being 
subject  to  protest. 

RULE  3. — No  agent  or  attorney  shall  have  power  to  make^00^1^  to  ™- 
a  valid  assignment  of  any  claim  in  which  he  has  been 
recognized,  even  with  the  written  consent  of  claimant, 
unless  he  is  at  the  time  of  such  assignment  and  of  such 
consent  in  good  standing  before  the  Bureau  of  Pensions. 

RULE  4. — No  power  of  attorney  purporting  to  be  exe-    Power  of  attor- 

,     T  i  -,    .  .,,  ,  .       ,  ,  ney;  execution. 

cuted  by  a  claimant  will  be  recognized  as  good  and  valid 
unless  the  same  is  signed  in  the  presence  of  two  witnesses 
and  acknowledged  before  an  officer  duly  authorized  to 
administer  oaths  for  general  purposes,  whose  official  sig- 
nature is  certified  under  seal. 

RULE  5. — No  articles  of  agreement  filed  under  the  act  of  ^^e  a  g  n^e- 
July  4,  1884,  will  be  recognized  as  valid,  and  no  fee  will  f^uns;  execu- 
be  paid  thereunder,  unless  the  claimant's  signature  thereto 
is  witnessed  by  two  attesting  witnesses  and  acknowledged 
before  some  officer  authorized  to  administer  oaths  for 
general   purposes,   whose   official   signature   is   certified 
under  seal. 

The  attorney's  acceptance  of  such  agreement  must  also 
be  executed  before  some  officer  duly  authorized  to  admin- 


30  BOUNTY-LAND    WARRANTS. 

ister  oaths  for  general  purposes,  whose  official  signature 
is  certified  under  seal. 

mentVpgenseion  RULE  6. — Articles  of  agreement,  to  be  recognized  as 
valid  by  the  Commissioner  of  Pensions,  must  be  in  dupli- 
cate and  in  the  form  prescribed  by  order  of  July  8,  1884,1 
and  have  printed  upon  the  reverse:  "Notice  to  Claim- 
ant," "  This  Agreement  is  permissible  under  the  law,  but 
not  compulsory,"  and  a  copy  of  the  act  of  July  4,  1884. 

1  The  following  is  the  form  of  fee  agreement  prescribed  by  the  Com- 
missioner of  Pensions  and  approved  by  the  Secretary  of  the  Interior  July 
8,  1884,  under  the  provisions  of  the  act  of  Congress  approved  July  4, 
1884: 

[To  be  executed  in  duplicate  without  additional  cost  to  claimant.] 

ARTICLES     OF     AGREEMENT. 

Whereas  I,  —  — ,  late  a  -  -  in  company  -  -  of  the 

-  Regiment  of  Volunteers,  war  of  ,  having  made 

application  for  pension  under  the  laws  of  the  United  States  : 

Now  this  agreement  witnesseth  :  That  for  and  in  consideration  of  serv- 
ices done  and  to  be  done  in  the  premises,  I  hereby  agree  to  allow  my 

agent, ,  of  ,  a  fee  of  dollars,  which  shall 

include  all  amounts  to  be  paid  for  any  services  in  the  furtherance  of  said 
claim  ;  and  said  fee  shall  not  be  demanded  by  or  payable  to  my  said  agent, 
in  whole  or  in  part,  except  in  case  of  the  granting  of  my  pension  by  the 
Commissioner  of  Pensions  ;  and  that  the  same  shall  be  paid  to  —  — , 
in  accordance  with  the  provisions  of  sections  4768  and  4769  of  the 
Revised  Statutes  United  States. 


[Signature  of  claimant.] 


[Post-office  address.] 

[Signatures  of  two  witnesses.] 
STATE  OF  ,  County  of >  88: 

Be  it  known  that  on  this  the  day  of ,  A.  D.  1 — ,  person- 
ally appeared  —  — ,  the  above  named,   who,   after  having  had 

read  over  to  ,   in  the  hearing  and  presence   of  the  two   attesting 

witnesses,  the  contents  of  the  foregoing  articles  of  agreement,  voluntarily 
signed  and  acknowledged  the  same  to  be free  act  and  deed. 

[L.S.]  . 

[Official  signature.] 

And  now,  to  wit,  this  day  of  ,  A.  D.  1 — ,  accept  the 

provisions  contained  in  the  foregoing  articles  of  agreement,  and  will,  to 
the  best  of  —  —  ability,  endeavor  faithfully  to  represent  the  interest  of 

the  claimant  in  the  premises.     hereby  certify  that  have 

received  from  the  claimant  above  named  the  sum  of  —    'dollars,  and 

no  more ; dollars  being  for  fee,  and  the  sum  of dollars 

being  for  postage  and  other  expenses.  And  that  these  agreements  have 
been  executed  in  duplicate,  without  additional  cost  to  the  claimant,  as 
required  by  law,  in  excess  of  the  fee  above  named,  the  said  agent  making 
no  charge  therefor. 

Witness hand  the  year  and  day  above  written. 


[Signature  of  agent.] 

STATE  OF  ,  County  of  ,  ss: 

Personally    came    -                      — ,    whom    I    know    to    be    the    person 
-   represents  —      -  to  be,  and  who,   having  signed  above  accept- 
ance of  agreement,  acknowledged  the  same  to  be free  act  and  deed. 

[L.  s.]  . 

[Official  signature.] 

Approved  for dollars,  and  payable  to ,  of  —   , 

the  recognized  attorney. 


Commissioner  of  Pensions. 


- 


BOUNTY-LAND   WARRANTS. 

RULE  7.  —  When  a  claim  for  bounty  land  has  been  al- 
lowed  and  the  warrant  issued,  one  approved  copy  of  the  land  caims- 
articles  of  agreement  will  be  forwarded  to  the  agent  or 
attorney  of  record  and  the  other  preserved  in  the  files  of 
the  claim.  The  bounty-land  warrant  will  be  forwarded 
direct  to  the  party  entitled  to  the  possession  thereof. 

RULE  8.  —  An  agent  or  attorney  may  request  and  receive    Postage. 
from  a  claimant  a  sum  not  exceeding  fifty  cents  for  post- 
age in  the  prosecution  of  any  one  claim,  original  or  in- 
crease, but  compliance  with  such  request  of  the  agent  or 
attorney  is  optional  with  the  claimant. 

Agents  and  attorneys  are  not  allowed  to  demand  a 
sum  for  postage  as  a  right,  or  to  refuse  to  prosecute  a 
claim  where  the  request  for  postage  is  not  complied  with. 

RULE  9.—  When  in  the  adjudication  of  any  claim  for 
pension  or  bounty  land  in  which  articles  of  agreement 
have  been  or  may  hereafter  be  filed,  it  shall  appear  thated- 
the  claimant,  prior  to  the  execution  thereof,  had  paid  to 
the  agent  or  attorney  any  money  for  fee,  postage  (other 
than  as  allowed  by  rule  8)  ,  or  expenses  in  connection  with 
the  prosecution  of  the  claim,  and  the  amount  so  paid  is 
not  stated  in  the  acceptance  of  agreement  by  the  agent 
or  attorney,  then  every  such  claim  shall  be  adjudicated  as 
if  the  articles  of  agreement  contained  no  stipulation  as 
to  a  fee,  and  from  the  fee  of  ten  dollars  allowed  by  law 
such  sums  as  are  shown  to  have  been  paid  to  the  agent  or 
attorney  shall  be  deducted. 

RULE  10.—  No  power  of  attorney  or  articles  of  agree- 
inent  will  be  accepted  as  valid  wherein  the  claimant's  witness.  attestmg 
acknowledgment  is  taken  before  an  officer  who  is  the 
agent  or  attorney  named  therein,  or  where  the  agent  or 
attorney  acts  as  one  of  the  attesting  witnesses  to  claim- 
ant's signature  to  such  instrument. 

A  declaration,  affidavit,  or  any  paper,  requiring  execu- 
tion, or  acknowledgment,  in  connection  with  a  claim  for 
pension,  or  bounty  land,  must  be  executed  or  acknowl- 
edged before  an  officer  duly  authorized  to  administer 
oaths  for  general  purposes,  who  is  not  interested  in  the 
prosecution  of  the  claim  to  which  said  paper  pertains, 
and  the  jurat  must  so  show. 

An  agent  or  attorney  who  shall  file  any  paper  contain- 
ing in  the  jurat  a  false  statement  that  the  officer  before 
Avhom  such  paper  was  executed,  or  acknowledged,  is  not 
interested  in  the  prosecution  of  the  claim,  or  any  state- 


32  BOUNTY-LAND   WARRANTS. 

ment  equivalent  thereto,  when  in  truth  and  in  fact,  such 
agent  or  attorney  has  entered  into  a  contract,  agreement, 
or  understanding,  with  such  officer,  by  virtue  of  which 
said  officer  is  to  receive  compensation,  or  a  commission, 
from  such  agent  or  attorney,  in  the  event  of  the  allowance 
of  the  claim,  will  subject  himself  to  suspension  or  disbar- 
ment from  practice  before  the  Bureau  of  Pensions. 

daVeo?fiiiBgion;  RULE  H- — All  articles  of  agreement  in  claims  for  pen- 
sion or  bounty  land  that  conform  to  the  requirements  of 
the  law  and  regulations  will  be  accepted  if  filed  prior  to 
the  date  of  the  issue  of  the  certificate  or  of  the  bounty- 
land  warrant. 

RULE  12. — No  request  of  an  agent  or  attorney  for  con- 
sideration of  his  title  to  a  fee  will  be  entertained  unless 
the  same  is  filed  in  the  Bureau  of  Pensions  within  three 
years  from  the  date  of  issue  of  the  certificate  upon  which 
such  fee  is  claimed. 

RULE  13. — If  an  agent  or  attorney  is  disbarred  pending 

ment  of  fee.  the  adjudication  of  a  claim,  and  if,  while  such  disbarment 
is  in  force,  the  claim  is  adjudicated  and  the  certificate 
issued  without  certification  of  a  fee  by  reason  of  such  dis- 
barment, and  if  thereafter  said  agent  or  attorney  is  re- 
stored to  practice,  and  if  claimant  has  not,  by  reason  of 
such  disbarment,  canceled  or  revoked  the  authority  there- 
tofore existing,  upon  such  restoration  as  aforesaid  the 
lawful  fee  will  be  certified  and  paid  to  such  agent  or 
attorney. 

same;  estoppel.  RULE  14. — When  a  claimant  during  the  disbarment  of 
his  agent  or  attorney  of  record  employs  another,  who 
prosecutes  the  claim  to  final  adjudication,  no  fee  will  be 
certified  the  disbarred  agent  or  attorney  upon  his  restora- 
tion to  practice,  but  his  disbarment  will  operate  by  way 
of  estoppel  to  bar  any  claim  for  fee. 

NO  fee  to  guard-     RULE  15. — No  fee  will  be  allowed  to  a  guardian  who 
prosecutes  the  claim  of  his  ward,  nor  to  a  firm  of  attor- 
neys of  which  the  guardian  is  a  member. 
Failure  to  fur-     RULE  16. — When  an  agent  or  attorney  is  called  upon  by 

nish    evidence;  .     .  fe  /  .  J 

estopped.  the  Commissioner  of  Pensions  to  furnish  evidence  in  any 

claim,  he  will  be  allowed  ninety  days  within  which  to 
furnish  same  or  to  give  reasons  why  he  fails  to  do  so: 
Provided  always,  That  before  such  agent  or  attorney  is 
dropped  or  another  recognized,  at  any  time  within  one 
year,  he  shall  be  given  thirty  days'  notice  to  show  cause 
why  he  is  not  guilty  of  laches.  In  the  event  that  such 


BOUNTY-LAND   WARRANTS.  33 

answer  be  not  filed  within  thirty  days  from  the  mailing 
of  such  notice,  or  that  the  answer  thereto  be  held  by  the 
Commissioner  of  Pensions  to  be  insufficient,  claimant 
shall  be  notified  of  such  failure  and  may  file  the  same, 
either  by  himself  or  by  such  other  attorney  as  he  may 
elect;  and  upon  the  recognition  of  such  other  attorney, 
the  former  agent  or  attorney  will  be  estopped  from  claim- 
ing any  fee. 

KULE  17. — To  call  up  a  case  will  not  be  held  of  itself  a    can  sups, 
substantial  compliance  with  any  specific  requirement  of 
the  Commissioner  of  Pensions. 

KULE  18. — An  agent*  or  attorney  will  be  required  to  lec^flect  of  neg* 
exercise  due  diligence  in  all  cases  in  which  he  is  recog- 
nized. Neglect  to  prosecute  a  claim  for  one  year  will  be 
held,  in  default  of  cause  shown,  conclusive  evidence  of 
the  abandonment  of  a  claim  by  the  agent  or  attorney,  and 
claimant  will  be  so  advised. 

RULE  19. — Upon  the  rejection  of  a  claim  for  pension 
bounty  land  the  agent  or  attorney  of  record  will  be  noti-  Peal- 
fied  of  such  rejection  and  the  reason  therefor,  and  will  be 
allowed  ninety  days  from  the  date  of  such  notice  within 
which  to  file  a  motion  for  reconsideration,  supported  by 
material  evidence,  or  within  which  to  enter  an  appeal  to 
the  Secretary  of  the  Interior;  and  on  his  failure  to  do 
either  he  will  be  held  to  have  abandoned  the  case,  and  the 
claimant  may  employ  any  other  duly  qualified  agent  or 
attorney  further  to  prosecute  the  claim. 

RULE  20. — No  claim  pending  in  the  Bureau  of  Pension s 
will  be  considered  out  of  its  regular  order  upon  the  re- 
quest of  an  agent  or  attorney,  or  any  other  person  whom- 
soever, except  for  good  cause  shown  and  upon  the  order 
of  the  Commissioner  of  Pensions. 

RULE  21. — Every  agent,  attorney,  or  other  person  recog-  t  f 

nized  by  the  Department  of  the  Interior  as  entitled  to  Approved  by 

"  A  Commissioner  oe- 

practice  before  the  Bureau  of  Pensions,  shall  submit  toforeuse- 
the  Commissioner  of  Pensions  copies  of  all  proposed 
advertising  matter  framed  and  intended  to  solicit  busi- 
ness before  the  Bureau  of  Pensions,  and  if  the  same  be 
not  disapproved  by  the  Commissioner  of  Pensions  and  the 
agent  or  attorney  so  notified  within  ten  days  from  the 
date  of  filing  them,  they  will  be  held,  prima  facie,  ap- 
proved. 

Advertising  matter  may  contain  clear,  correct,  and 
explicit  statements  of  the  law,  the  name  and  address  of 


34  BOUNTY-LAND    WARRANTS. 

the   attorney,   and   the   information   that  he   prosecutes 
claims  for  pension  and  bounty  land. 

The  use  by   an  agent  or  attorney  of  the  characters 

"U.  S.,"  or  the  words,  "United  States,"  as  a  part  of  his 

title  or  of  the  title  of  his  business  is  misleading  and  will 

not  be  permitted. 

increase  claims     EULE  22. — A  claim  for  increase  of  pension  will  not  be 

not  in  prohibited  .  , .  .       . 

class.  considered  or  held  as  a  claim  pending  within  the  pro- 

hibition of  Section  190,  Revised  Statutes  of  the  United 
States. 
solicitation  of     RULE  23. — Every  agent,  attorney,  or  other  person,  who 

services  of  U.  S.  J      to  J ' 

'  directly  or  indirectly,  request  of  any  member  of 
pronib-  either  House  of  Congress,  or  of  any  United  States  Gov- 
ernment official  or  representative  (other  than  one  whose 
duty  it  is  under  the  law  to  supervise  and  administer  the 
laws,  rules  and  regulations  governing  the  granting  of 
pensions  and  bounty  land)  aid  or  assistance  in  the  prose- 
cution of  a  pension  or  bounty-land  claim,  or  who  shall, 
directly  or  indirectly  request  or  advise  a  claimant  to  seek 
such  aid  in  the  prosecution  of  a  pension  or  bounty-land 
claim,  will  be  held  to  have  abandoned  the  claim  as  agent 
or  attorney  and  will  thereby  forfeit  his  agency  or  attor- 
neyship  in  such  claim. 

laSg  abJverrul£     RULE  24. — Every  agent,  attorney  or  other  person  recog- 
nized by  the  Department  of  the  Interior  as  entitled  to 
practice  before  the  Bureau  of  Pensions  who  shall  violate 
the  provisions  of  Rule  23,  above,  will  be  held  thereafter 
incompetent  to  prosecute  claims  before  said  Bureau  with- 
in the  meaning  of  section  5,  of  the  Act  of  July  4,  1884, 
and  will  thereby  subject  himself  to  suspension  or  disbar- 
ment from  practice  before  the  Bureau  of  Pensions, 
counts*  ^l   £     RULE  25. — Where  an  agent,  attorney,  or  other  person 
Before  ^emandJ  incurs  anv  expense  in  the  prosecution  of  a  claim  before 
Bureau  of  Pensions,  he  must  file  a  sworn  itemized 
account  of  such  expense  with  the  Commissioner  of  Pen- 
sions and  secure  the  approval  thereof,  before  demanding 
or  receiving  reimbursement  from  the  claimant  or  pen- 
sioner. 

R™*  26.— In  a  claim  under  the  act  of  March  2,  1895, 
for  the  accrued  pension  due  in  an  admitted  case  from  the 
date  of  last  payment  to  pensioner's  death,  the  agent  or 
attorney  of  record  is  permitted,  upon  the  allowance  of  the 
claim,  to  receive  as  a  fee,  direct  from  the  claimant  or 
beneficiary,  ten  per  centum  of  the  amount  of  the  accrued 


BOUNTY-LAND   WARRANTS.  35 

pension  paid ;  but  in  no  event  will  such  agent  or  attorney 
be  permitted  to  demand,  receive,  or  retain  a  fee  in  excess 
of  ten  dollars  in  any  one  claim. 

KULE  27.— Where,  through  a  mistake  of  fact,  or  fraud  w^ffiMSS 
on  the  part  of  an  agent  or  attorney,  a  fee  to  which  he  isouslypaid- 
not  entitled  has  been  paid  to  him  he  will  be  required  to 
refund  the  same  on  demand  by  the  Commissioner  of  Pen- 
sions; and  his  failure  or  refusal  to  refund,  after  such 
demand,  will  render  him  liable  to  suspension  or  disbar- 
ment from  practice  before  the  Bureau  of  Pensions. 

RULE  28. — When  in  an  invalid  claim  for  increase  the    increaseciaims; 

neglect  to  furnish 

Commissioner  of  Pensions  issues  a  call  for  evidence  to  f^.ld|J2t  ofcalled 
show  that  claimant's  disability  has  increased,  as  a  pre- 
requisite to  a  medical  examination,  and  no  evidence  is 
filed  in  response  to  such  call  within  ninety  days,  or  there- 
after before  there  is  presented  on  behalf  of  claimant 
another  declaration  for  increase,  then  the  claim  in  which 
said  call  was  issued  is  to  be  held  rejected  without  order- 
ing a  medical  examination,  unless  there  was  on  file  in  the 
claim  at  the  time  of  the  issue  of  said  call,  medical  evidence 
which  has  not  been  considered,  tending  to  show  that  the 
claimant's  disability  had  increased. 

Any  declaration  for  increase  filed  within  ninety  days 
from  date  of  a  call,  under  a  prior  declaration,  for  evidence 
to  show  increase  of  disability,  will  be  held  a  duplicate  of 
such  prior  declaration. 

RULE  29. — All  rules  and  orders  inconsistent  with  the    Repeal, 
foregoing  are  hereby  abrogated. 

J.  L.  DAVENPORT, 
Commissioner  of  Pensions. 
Approved : 

CARMI  A.  THOMPSON, 

Assistant  Secretary. 
DEPARTMENT  OF  THE  INTERIOR, 

July  12,  1911. 

REGULATIONS   AND   INSTRUCTIONS   RELATING   TO 
BOUNTY-LAND  CLAIMS. 

1.  Applications. — An  application  for  bounty-land  war- 
rant may  be  made  by  anyone  entitled  under  the  law  to 
such  a  warrant.  The  party  entitled  should  execute  the 
application  personally  unless  he  be  legally  incompetent, 
in  which  event  his  duly  appointed  guardian  may  make 
the  claim.  When  an  application  is  signed  by  a  guardian 


36  BOUNTY-LAND   WARRANTS. 

and  filed  in  the  Bureau  of  Pensions,  it  should  be  accom- 
panied by  a  certified  copy  of  the  letters  of  guardianship. 

When  several  minors,  or  brothers  and  sisters,  are  jointly 
entitled,  the  application  may  be  made  by  any  one  of  them 
in  behalf  of  all,  for  which  authority  in  proper  and  legal 
form,  duly  witnessed  and  executed  under  oath,  must  be 
given  by  the  other  children,  and  such  authority  must  be 
filed  in  the  Bureau  of  Pensions.  The  warrant  will  be 
issued  to  all  jointly. 

Blank  forms  of  application  will  be  furnished  claimants 
upon  request  therefor.  They  will  not  be  sent  to  agents 
or  attorneys  in  bulk  but  sample  forms  will  be  furnished 
on  application. 

2.  Applications  and  affidavits,  execution  of. — All  appli- 
cations for  bounty-land  warrants,  and  affidavits  filed  in 
support  thereof,  must  be  made  before  a  court  of  record, 
or  some  officer  of  such  court  having  custody  of  its  seal,  or 
before  some  officer  who,  under  the  laws  of  the  United 
States  or  of  his  State,  city,  or  county,  has  authority  to 
administer  oaths  for  general  purposes. 

Where  an  application  or  affidavit  is  executed  before  an 
officer  authorized  as  above  but  not  required  by  law  to  have 
and  use  a  seal  to  authenticate  his  official  acts,  he  shall 
file  in  the  Bureau  of  Pensions  a  certificate  of  his  official 
character,  showing  his  official  signature  and  term  of 
office,  certified  by  a  clerk  of  a  court  of  record  or  other 
proper  officer  of  the  State  as  to  the  genuineness  thereof ; 
and  when  said  certificate  has  been  filed  in  the  Bureau  of 
Pensions  his  own  certificate  will  be  recognized  during  his 
term  of  office. 

Applications  and  other  papers  of  claimants  residing  in 
foreign  countries  may  be  made  before  a  United  States 
minister  or%  consul  or  other  consular  officer,  or  before 
some  officer  of  the  country  duly  authorized  to  administer 
oaths  for  general  purposes,  whose  official  character  and 
signature  shall  be  duly  authenticated  by  the  certificate  of 
a  United  States  minister  or  consul  or  other  consular 
officer. 

The  officer  before  whom  an  application  or  affidavit  is 
executed  must  certify  in  his  own  handwriting  as  to  his 
knowledge  of  the  credibility  of  the  witnesses.  If  they 
sign  by  mark  the  signatures  must  be  attested  by  two  wit- 
nesses who  can  write,  and  the  officer  must  certify  that  the 
contents  of  their  depositions  or  affidavits  were  read  over 
to  them  before  he  administered  the  oath. 


BOUNTY-LAND   WARRANTS.  37 

An  application  for  bounty-land  executed  before  an 
officer  who  is  claimant's  attorney  is  accepted  by  the 
Bureau  of  Pensions  as  good  and  valid,  but  under  the 
practice  such  magisterial  act  vacates  any  rights  which 
may  be  conferred  upon  him  by  the  power  of  attorney 
therein  embodied. 

Evidence  executed  before  an  officer  who  is  claimant's 
attorney,  or  before  any  person  who  has  a  manifest  in- 
terest therein,  will  not  be  considered.  It  is  held  by  the 
Secretary  of  the  Interior,  however,  that  evidence  so  exe- 
cuted, wherein  the  certificate  of  such  officer  contains  a 
clause  setting  forth  that  "  he  is  in  no  wise  interested  in 
the  claim  nor  concerned  in  its  prosecution,"  is  good  and 
valid,  but  the  rights  such  officer  may  have  had  in  the  case 
are  thereby  abandoned.  All  certificates  of  executing  offi- 
cers should  certify  that  they  have  no  interest  in  the 
claim. 

It  is  desirable  that  affidavits  should  be  free  from 
erasures  and  interlineations.  When  an  alteration  is 
made  in  an  affidavit,  or  an  addition  is  made  thereto,  it 
must  appear  by  the  certificate  of  the  officer  who  admin- 
istered the  oath  that  such  alteration  or  addition  was  made 
with  the  knowledge  and  sworn  consent  of  the  affiant. 

The  official  certificates  of  judicial  officers  using  a  seal, 
or  of  commissioned  officers  of  the  Army  or  Navy  in 
actual  service,  will  be  accepted  without  being  sworn  to; 
all  other  witnesses  must  testify  under  oath. 

3.  Evidence,  character  of. — Every  fact  required  to  be 
proved  should  be  shown  by  the  best  evidence  obtainable. 

Wherever  it  is  indicated  in  these  regulations  and  in- 
structions that  a  fact  may  be  proved  by  more  than  one 
kind  of  evidence,  the  classes  of  evidence  are  named  in  the 
order  of  their  value.  Evidence  of  a  lower  class  will  not 
be  accepted  unless  it  be  shown  that  none  of  a  higher  class 
can  be  obtained.  Copies  of  records  should  be  certified 
by  the  officer  having  custody  thereof;  and  if  he  has  no 
seal  by  which  to  authenticate  his  signature,  the  certifica- 
tion should  be  under  oath. 

4.  Evidence  from>  prior  claims,  or  records. — Any  evi- 
dence already  on  file  in  the  Bureau  of  Pensions  or  in  any 
other  office  of  the  Government  of  the  United  States  may 
be  made  available  in  a  claim  for  bounty-land  if  a  par- 
ticular and  definite  description  of  the  matter  in  which 
it  has  already  been  used  be  furnished  the  Bureau  of 
Pensions. 


38  BOUNTY-LAND  WARRANTS. 

5.  Witnesses. — Witnesses  should  not  merely  confirm  the 
statements  of  other  parties,  but  should  give  a  detailed 
statement  of  the  facts  known  to  them  in  regard  to  the 
matter  concerning  which  they  testify,  and  should  state 
how  they  obtained  a  knowledge  of  such  facts. 

It  is  desirable  that  the  facts  required  to  be  proved  in 
the  adjudication  of  a  bounty-land  claim  should  be  shown, 
if  possible,  by  the  testimony  of  persons  other  than  near 
relatives  of  the  claimant. 

Every  witness  should  state  his  age,  whether  he  has  any 
interest — direct  or  indirect — in  the  prosecution  of  the 
claim  in  which  he  may  testify,  and  should  give  his  post- 
office  address,  with  street  and  number,  or  rural  free  deliv- 
ery route,  if  any.  A  claimant  should  promptly  notify 
the  Bureau  of  Pensions  of  any  change  of  residence  dur- 
ing the  pendency  of  his  claim. 

6.  Service. — Service,  to  give  title  to  bounty-land,  must 
have  been  rendered  prior  to  March  3,  1855,  for  a  period 
of  at  least  fourteen  days,  or  in  a  battle ;  and  if  in  the  Reg- 
ular Army  or  Navy,  must  have  been  in  some  war  in  which 
the  United  States  were  engaged. 

Where  no  record  evidence  of  the  service  for  which  a 
bounty-land  warrant  is  claimed  exists,  parole  evidence 
may  be  admitted  to  prove  the  service  performed,  but  in 
no  case  will  parole  evidence  be  admitted  to  vary  or  dis- 
credit the  length  of  any  service  shown  by  the  rolls. 

Where  service  was  rendered  by  a  substitute,  he  is  the 
person  entitled  to  bounty-land,  and  not  his  employer,  un- 
less the  latter  also  served  the  requisite  period  to  give  title 
to  bounty-land  and  then  furnished  a  substitute,  in  which 
event — if  both  employer  and  substitute  served  the  length 
of  time  required  by  law — each  might  be  entitled  for  his 
respective  term  of  actual  service. 

7.  Identity. — In  all  cases  the  identity  of  the  claimant  as 
the  person,  or  the  heir  of  the  person,  who  rendered  the 
service  must  be  shown  by  the  best  obtainable  evidence. 

8.  Evidence   in  widows'  claims. — Claims  by   widows 
must  be  supported  by  satisfactory  proof  of  the  marriage 
of  the  claimant  to  the  soldier  on  account  of  whose  service 
her  claim  is  made,  of  his  death,  and  of  her  widowhood — 
that  is,  that  she  is  unmarried — at  the  time  of  making 
application. 

Marriage. — The  marriage  of  the  claimant  to  the  person 
on  account  of  whose  service  and  death  the  application  is 
made  should  be  shown — 


BOUNTY-LAND   WAREANTS.  39 

(a)  By  a  duly  verified  copy  of  a  public  or  church  rec- 
ord; or 

(b)  By  the  affidavit  of  the  clergyman  or  magistrate 
who  officiated;  or 

(c)  By  the  testimony  of  two  or  more  eyewitnesses  to 
the  ceremony;  or 

(d)  By  a  duly  verified  copy  of  the  church  record  of 
baptism  of  the  children;  or 

(e)  By  the  testimony  of  two  or  more  witnesses  who 
know  that  the  parties  lived  together  as  husband  and  wife, 
and  were  recognized  as  such,  and  who  shall  state  how 
long,  within  their  knowledge,  such  cohabitation  continued. 

The  widowhood  of  the  claimant  at  the  time  of  making 
application  must  be  shown  by  the  testimony  of  credible 
witnesses  who  have  personal  knowledge  of  the  fact. 

9.  Evidence  in   minors'   claims. — In    addition   to   the 
proof  required  in  widows'  claims,  applications  in  behalf 
of  minors  must  be  supported  by  proof  that  they  are  the 
legitimate  children  of  the  person  on  account  of  whose 
service  the  claim  is  made,  that  the  widow  is  dead,  and 
that  they  are  the  only  surviving  children  of  such  person 
who  were  under  the  age  of  twenty-one  years  on  March  3, 
1855,  or  were  born  subsequent  to  that  date.1 

To  establish  the  legitimacy  of  the  children,  the  mar- 
riage of  the  mother  to  their  father  and  the  births  of  such 
children  must  be  proved. 

The  dates  of  birth  of  children  should  be  proved — 

(a)  By  a  duly  verified  copy  of  the  public  record  of 
births,  or  the  church  record  of  baptisms;  or 

(b)  By  the  affidavit  of  the  physician  who  attended  the 
mother;  or 

(c)  By  the  testimony  of  persons  who  were  present  at 
the  births,  who  should  state  how  they  are  now  able  to  fix 
the  precise  dates. 

10.  Evidence  in  claims  of  fatliers,  mothers,  brothers,    • 
and  sisters. — In  a  claim  by  a  father,  mother,  or  brothers 
and  sisters,  the  relationship  to  the  person  on  account  of 
whose  service  the  claim  is  made  must  be  clearly  estab- 
lished, and  the  death  of  all  persons  who  would,  under  the 
law,  have  a  prior  title  to  the  bounty-land,  must  be  proved. 

11.  Evidence  to  complete  claims  of  deceased  persons. — 
In  completing  the  claim  of  a  deceased  person  leaving  no 

1  Ruling  of  Commissioner  of  Pensions  as  to  birth  subsequent  to  March 
3, 1855. 


40  BOUNTY-LAND   WARRANTS. 

successor  to  whom  the  title  would  descend  under  the 
bounty-land  laws,  the  legal  representatives  must  furnish 
proof  of  the  death  of  the  claimant;  and  if  he  died  in- 
testate, proof  of  heirship  will  be  required,  which  proof 
must  show  the  name,  age,  and  post-office  address  of  each 
of  his  heirs  at  law,  and  their  relationship  to  the  deceased ; 
and  where  a  will  is  left  a  duly  certified  copy  of  it,  with 
letters  of  probate,  must  be  presented ;  and  in  either  case 
full  authority  must  be  given  by  the  heirs  or  devisees,  if 
adults,  or  by  their  guardians,  if  minors,  for  the  delivery 
of  the  warrant  to  some  designated  person.  If  an  execu- 
tor has  been  designated  by  will,  the  claim  should  be  com- 
pleted by  him.  If  there  be  no  executor,  a  duly  appointed 
administrator  of  the  estate  of  the  deceased  may  be  recog- 
nized to  complete  the  claim. 

12.  Duplicate  warrants,  rules  governing  the  issue  of. — 
First.  Whenever  a  warrant  has  failed  to  reach  the  hands 
of  the  party  entitled  to  receive  it  and  to  whom  it  was 
sent,  or  has  been  lost  or  destroyed  after  having  been  re- 
ceived, in  order  to  prevent  the  issuing  of  a  patent  to  a 
fraudulent  holder  of  the  same  the  actual  owner  must  at 
once  file  in  the  General  Land  Office  a  caveat  in  the  form 
of  an  affidavit,  duly  authenticated,  setting  forth  the  na- 
ture of  his  title  to  the  warrant  and  the  particulars  as  to 
its  loss  or  destruction,  and  giving  his  post-office  address; 
and  these  facts  must  be  established  by  satisfactory  evi- 
dence filed  in  the  Bureau  of  Pensions. 

Second.  He  must  give  public  notice  of  the  facts  in  the 
case  at  least  once  a  week  for  six  successive  weeks  in  some 
newspaper  of  general  circulation  published  at  or  near- 
est the  place  to  which  the  warrant  was  directed,  or  where 
the  loss  occurred.  In  such  publication  (a  copy  of  which 
must  be  furnished  to  the  Bureau  of  Pensions  with  the 
affidavit  of  the  publisher  as  to  its  due  appearance)  the 
intention  must  also  be  expressed  of  applying  to  the  Com- 
missioner of  Pensions  for  a  reissue  of  the  lost  warrant, 
which  must  be  minutely  described.1 

Third.  The  filing  of  the  caveat  in  the  General  Land 
Office  and  the  advertisement  of  the  loss  being  only  pre- 
liminary steps  toward  the  observance  of  the  regulations, 

1  FORM    OF   ADVERTISEMENT   OF   LOST   WARRANT. 

Notice  is  hereby  given  that  I, ,  am  the  legal  owner  of 

bounty-land  warrant  No. ,  for  —        —  acres,  issued  under  the  act  of 

,  in  the  name  of — ,  and  that  said  warrant  hav- 
ing been  lost  (or  destroyed),  I  intend  to  make  (or  have  made)  application 
to  the  Commissioner  of  Pensions  for  a  duplicate. 


BOUNTY-LAND   WAKRANTS.  41 

the  owner  of  the  lost  warrant  must  file  in  the  Bureau 
of  Pensions,  as  soon  after  the  discovery  of  the  loss  as 
practicable,  his  declaration,  under  oath,  duly  authenti- 
cated, setting  forth  fully  and  distinctly  the  time,  place, 
and  circumstances  of  the  loss,  and  that  he  never  sold, 
assigned,  nor  voluntarily  parted  with  his  right  to  the 
warrant  in  question. 

Fourth.  In  cases  where  a  reissue  of  a  warrant  is  sought 
on  the  ground  of  the  nonreception  of  the  original  war- 
rant, the  agent  or  person  to  whom  it  was  sent  must  unite 
with  the  warrantee  or  make  a  separate  affidavit  as  to  its 
nonreception. 

Fifth.  If  the  applicant  for  the  reissue  is  not  the  per- 
son to  whom  the  warrant  was  issued,  but  claims  to  be  the 
owner  thereof  by  purchase  for  a  valuable  consideration, 
he  must  give  the  name  and  residence  of  the  warrantee, 
the  name  and  residence  of  the  person  of  whom  he  bought 
it,  and,  as  far  as  he  may  know  or  can  ascertain,  the  names 
and  residences  of  each  of  the  several  parties  through 
whom  the  title  of  the  warrant  descended  to  him  from  the 
warrantee,  and  adduce  satisfactory  evidence  in  proof  of 
each  and  all  his  statements  in  reference  thereto. 

Sixth.  The  identity  of  the  applicant  must  be  satisfac- 
torily established,'  and  the  credibility  of  each  and  every 
affiant  must  be  duly  certified  by  the  magistrate  adminis- 
tering the  oaths,  and  his  official  character  and  signature 
must  be  duly  authenticated  as  hereinbefore  indicated. 
No  warrant  will  be  reissued  under  these  regulations  until 
after  the  expiration  of  three  months  from  the  date  of  the 
filing  of  the  petition  in  the  Bureau  of  Pensions,  and  not- 
then  if  it  shall  appear  that  the  original  warrant  is  in 
existence. 

The  foregoing  regulations  will  be  strictly  enforced  in 
every  instance. 

13.  Inquiries  and  additional  evidence. — All  inquiries 
addressed  to  the  Bureau  of  Pensions  and  all  additional 
evidence  filed  therein  should  contain  a  description  of  the 
particular  claim  concerning  which  the  inquiry  may  be 
made  or  in  which  the  additional  evidence  is  to  be  used, 
viz.:  the  number  of  the  claim,  the  name,  residence,  and 
post-office  address  of  the  claimant,  and  the  name  of  the 
person  on  account  of  whose  services  the  claim  is  made 
together  with  his  company,  regiment,  and  the  State  from 
which  he  enlisted, 


42  BOUNTY-LAND   WARRANTS. 

14.  Records,  information  from-. — Information  will  not 
be  furnished  from  the  records  relative  to  service  in  cases 
where  a  title  to  bounty-land  is  supposed  to  exist.    The 
law  will  be  explained,  upon  inquiry,  but  no  opinion  can 
be  given  as  to  title  of  individuals  to  bounty-land  until 
their  claims  are  properly  before  the  Bureau  of  Pensions. 

Parties  in  making  application  for  bounty-land  war- 
rants should  state  as  fully  as  possible  all  the  facts  known 
to  them  relative  to  the  service  of  the  person  through 
whom  the  claimant  derives  title,  giving  the  personal  de- 
scription of  such  person  and  his  places  of  residence  at 
the  time  of  service  and  since ;  the  Bureau  of  Pensions  will 
then  apply  any  evidence  found  in  any  Department  of  the 
Government  of  the  United  States  to  the  settlement  of 
the  claim. 

15.  Originals  or  copies  of  papers. — All  papers  or  ex- 
hibits filed  as  evidence  in  a  bounty-land  claim  become  a 
part  of  the  record.     Neither  the  original  nor  a  copy,  duly 
certified,  of  any  essential  paper,  except  a  certificate  of 
discharge   from   the  military   or   naval   service   of  the 
United  States,  filed  in  a  claim  before  the  Bureau  of  Pen- 
sions, will  be  furnished  except  upon  the  call  of  a  court  or 
a  department  wherein  the  same  is  to  be  used  as  evidence ; 
and  if  for  use  in  a  court  upon  the  following  conditions: 

The  Bureau  of  Pensions  should  be  advised  of  the 
nature  of  the  suit,  the  name  of  the  parties  thereto,  and  in 
what  court  the  action  is  pending. 

The  party  who  desires  to  use  the  certified  copy  or  copies 
should  state  what  he  expects  to  prove  by  the  same,  and 
make  oath  in  due  form  that  this  evidence  is  material  to 
his  cause;  that  the  object  of  its  use  can  not  be  attained 
by  the  substitution  of  any  other  evidence;  that  without 
it  he  may  suffer  irreparable  injury,  and  that  the  United 
States  are  not  involved  as  parties  to  the  action  nor  inter- 
ested in  the  result  thereof. 

With  such  affidavit  he  should  file  a  request  from  the 
judge  of  the  court  in  which  the  action  is  pending  for  the 
production  of  the  certified  copy  or  copies. 

The  papers  of  which  copies  are  desired  should  be 
clearly  specified,  and  the  name  of  the  person  on  whose 
service  the  claim  was  based,  the  designation  of  the  organ- 
ization in  which  he  served,  and,  if  possible,  the  number 
of  the  claim  or  of  the  bounty-land  warrant  should  be 
stated,  in  order  that  the  case  may  be  identified  and  un- 
necessary delay  avoided. 


BOUNTY-LAND   WARRANTS.  43 

16.  Discharge  certificates,  copies  of. — Certified  copies 
of  original  discharge  certificates  on  file  in  the  Bureau  of 
Pensions  will  be  furnished  upon  the  application  of  the 
person  to  whom  the  same  was  issued,  or  to  his  widow  or 
descendants.     Such  an  application  should  be  made  in  the 
form  of  an  affidavit  setting  forth  a  full  description  of  the 
person  to  whom  the  certificate  of  discharge  was  issued, 
viz.,  his  age  at  time  of  enlistment,  his  occupation,  birth- 
place, height,  color  of  hair,  eyes,  and  complexion;  and 
giving  the  date  and  place  of  his  enlistment  or  muster  into 
the  service,  and  the  date  and  place  of  discharge. 

17.  Assignment  and  location  of  warrants. — Inquiries 
relative  to  the  assignment  and  location  of  bounty-land 
warrants  should  be  addressed  to  the  Commissioner  of  the 
General  Land  Office,  Washington,  D.  C. 

18.  Soldiers'  and  sailors'*  homestead  rights. — All  com- 
munications in  regard  to  the  homestead  rights  granted  by 
law  to  the  officers,  soldiers,  seamen,  and  marines,  who 
served  during  the  civil  war,  the  war  with  Spain,  or  in  the 
Philippine  insurrection,  should  be  addressed  to  the  Com- 
missioner of  the  General  Land  Office,  Washington,  D.  C. 

19.  Bounty   in  money. — Communications   relative   to 
back  pay,  extra  pay,  and  bounty  in  money,  for  army  serv- 
ice, should  be  addressed  to  the  Auditor  for  the  War  De- 
partment, Treasury  Department,  Washington,  D.  C. ;  and 
for  extra  pay,  prize  money,  etc.,  for  naval  service,  to  the 
Auditor  for  the  Navy  Department,  Treasury  Department, 
Washington,  D.  C. 


INDEX. 


Page. 

ACKNOWLEDGMENT  OP  PAPERS 17,  36 

ACTS: 

Act  Feb.  11,  1847,  section  9.     Bounty  land;  12  months  or  less  service  in 

the  War  with  Mexico 11 

Act  May  27, 1848,  amending  act  February  11, 1847.     Succession  of  rights  to 

bounty  land ;  title  not  barred  by  promotion 13 

Joint  resolution  June  16,  1848.     Date  of  termination  of  service,  Mexican 

War;  bounty-land  claims 14 

Act  July  10,  1848,  section  2.     Bounty  lands  granted  to  enlisted  men  of  the 

Ordnance  Department  who  served  in  War  with  Mexico 14 

Joint  resolution  August  10,  1848.     Officers,  etc.,  who  served  in  War  with 

Mexico  entitled  to  bounty  land 14 

Act  March  3,  1849,  part.     Redemption  of  Treasury  scrip,  bounty  land 15 

Act  July  4,  1884,  sections  3,  4,  5,  6.    Agents  and  attorneys;  fees;  rules  and 

regulations 21 

Taking  illegal  fees;  penalty 23 

Act  July  1,  1890.     Declarations  and  affidavits  in  bounty-land  cases;  how 

executed 17 

Joint  resolution  September  1,  1890,  amending  act  July  1,  1890.     Oaths  in 

bounty-land  cases 17 

Act  March  11, 1898,  repealing  section  3480,  Revised  Statutes.    Applications 
for  bounty  land;  proof  of  loyalty  during  War  of  the  Rebellion  dispensed 

with 16 

Act  July  7,  1898,  amending  section  4746,  Revised  Statutes.     Penalty  for 

false  affidavit,  etc. 18 

Act  March  4,  1909,  Criminal  Code,  section  29.     Forging  deeds,  powers  of 

attorney,  etc. ;  penalty 19 

Section  73.     Forging  military  bounty-land  warrant,  etc.;  penalty 19 

Section  109.     Officer  not  to  be  interested  in  claims  against  the  United 

States ;  penalty 20 

Section  113.    Member  of  Congress  taking  compensation  in  matters  to 

which  the  United  States  are  parties ;  penalty 20 

AFFIDAVITS: 

Execution  of;  bounty -land  claims.    Act  July  1,  1890,  and  joint  resolution 

September  1,  1890 17 

Execution  of ;  rules  and  regulations  governing 36 

False  and  fraudulent,  penalty  for  making.    Act  July  7,  1898,  amending 

section  4746,  Revised  Statutes 18 

AGENTS  AND  ATTORNEYS: 
Application  or  affidavit — 

Execution  before,  effect  on  attorneyship  rights 31,  37 

45 


46  INDEX. 

AGENTS  AND  ATTORNEYS — Continued.  Page. 

Articles  of  agreement — 

Before  whom  executed 22,  29 

Fee,  amount  of,  to  be  stipulated 22 

Fee,  amount  of,  allowable,  if  none  filed 23 

Form  and  requirements  as  to 30 

May  be  rejected  by  Commissioner  of  Pensions,  when 24 

One  of,  approved,  to  be  sent  to  agent  or  attorney  on  allowance  of 

bounty-land  warrant 31 

Should  be  filed  in  duplicate 22,  30 

Fees- 
Amount  allowed.    Act  July  4,  1884 22,  23 

By  whom  paid 22,  23 

Oath— 

To  be  taken  by.    Section  3478,  Revised  Statutes 21 

Form  of 21 

Penalty  for  violating  law  relating  to  fees.    Act  July  4,  1884 23 

Postage  to,  limited 31 

Prohibition  against  certain  persons  acting  as.    Section  190,  Revised  Stat- 
utes         21 

Rules  of  practice — 

Before  the  Bureau  of  Pensions 28 

Before  the  Secretary  of  the  Interior  in  appeal  cases 24 

Secretary  of  the  Interior  to  prescribe  rules  and  regulations  governing.    Act 

July  4,  1884 23 

APPEALS: 

To  the  Secretary  of  the  Interior,  rules  and  regulations 24 

APPLICATIONS: 

Blank  forms  of,  furnished  by  Commissioner  of  Pensions  on  request 1, 36 

Execution  of,  regulations  as  to 35 

ARMY  AND  NAVY  OF  THE  UNITED  STATES: 

Officers  in  actual  service,  certificate  of,  accepted  without  being  sworn  to. .        37 

Officers  and  men;  title  to  bounty  land 3, 4, 5, 6,  7, 11, 14 

ATTORNEYS.    (See  Agents  and  attorneys,  supra.) 
AUTHORITY  FOR  PUBLICATION: 

Of  printed  forms,  etc.     Section  4748,  Revised  Statutes 1 

BOUNTY  LAND: 

Applications  for,  execution  of.     Act  July  1,  1890,  and  joint  resolution 

September  1,  1890 17 

Additional  grants.     Section  2435,  Revised  Statutes 8 

Attorney's  fee  in  claims  for 22,  23 

Clerk  to  sign  name  of  Commissioner  of  Pensions  to  warrant;  provision  for. 

Section  473,  Revised  Statutes 1 

Commissioner  of  Pensions  to  furnish  printed  instructions  and  forms  free  of 

charge.    Section  4748,  Revised  Statutes 1 

Deserters  not  entitled.    Section  2438,  Revised  Statutes 9 

Discharge  certificate;  certain  omissions  in,  not  to  deprive  soldier  of  right 

to.     Section  2440,  Revised  Statutes 9 

Disloyalty,  bar  to.    Section  3480,  Revised  Statutes 16 

Disloyalty,  bar  removed.    Act  March  11,  1898 16 

Evidence  to  establish  claim  may  be  filed  by  legal  representative.    Section 

2445,  Revised  Statutes 11 

Evidence,  requisite  to  give  title.    Sections  2432  and  2435,  Revised  Stat- 
utes... 7,8 


INDEX.  47 

BOUNTY  LAND — Continued.  Page. 

False  affidavits,  penalty  for  filing.     Act  July  7,  1898,  amending  section 

4746,  Revised  Statutes 18 

Forging,    etc.,    bounty-land  warrants.     Section   73,  act  March  4,  1909 — 

Criminal  Code 19 

Forging  power  of  attorney,  etc.;  penalty.     Section  29,  act  March  4,  1909 — 

Criminal  Code 19 

Indians,  provisions  of  law  extended  to.     Section  2434,  Revised  Statutes. .          8 

Instructions  and  regulations  relative  to 35 

Lost  warrant — 

Advertisement  for,  form  of 40 

Patent  to  be  issued,  when.     Section  2439,  Revised  Statutes 9 

Militia,  volunteers,  etc.,  serving  between  1812  and  1852.     Section  2420, 

Revised  Statutes 5 

Minors,  who  considered  such.     Section  2430,  Revised  Statutes 7 

Not  subject  to  payment  of  any  debt,  etc.     Section  2436,  Revised  Statutes.          9 

Relocation  by  settler,  in  case  of  error.     Section  2446,  Revised  Statutes 11 

Sales,  etc.,  made  before  issue  of  warrant,  void.     Section  2436,  Revised 

Statutes..... 9 

Service — 

In  War  of  1812,  various  Indian  wars,  and  War  with  Mexico.     Sections 

2418  and  2419,  Revised  Statutes 3, 4 

Proof  of,  how  made.     Section  2431 ,  Revised  Statutes 7 

Termination  and  discharge,  War  with  Mexico.    Joint  resolution  June 

16,  1848 14 

Time  in  captivity  added  to  actual.     Section  2422  Revised  Statutes. . .          5 
Time  for  travel  from  home  to  place  of  muster  or  discharge,  counted  in 

period  of.     Section  2433  Revised  Statutes 8 

Subsequent  marriage  of  widow;  effect  on  title.     Section  2429,  Revised 

Statutes .     7 

Title- 
In  whom  vested — 

Under  sections  2425,  2426,  and  2427,  Revised  Statutes 6 

Regulars  or  volunteers;  12  months'  service,  etc.,  in  War  with 

Mexico.     Section  9,  act  February  11,  1847 11 

Persons  in  the  Marine  or  Ordnance  Corps,  War  with  Mexico. 

Resolution  August  10, 1848 14 

Heirs  of  soldiers  of  the  Revolutionary  War  and  the  war  of  1812. 

Section  2443,  Revised  Statutes 10 

In  whom  not  vested.     Section  2421,  Revised  Statutes 5 

Line  of  succession — 

Under  sections  2418  and  2419,  Revised  States 3, 4 

Under  section  2428,  Revised  Statutes 7 

Under  act  February  11,  1847 11 

Of  privates,  etc.,  not  barred  by  promotion.     Act  May  27,  1848 13 

Term  "relatives  "  defined.    Act  May  27,  1848 13 

When  claimant  dies  after  filing  proof  and  before  issue  of  warrant;  who 

entitled.     Section  2444,  Revised  Statutes 11 

Warrant — 

And  patent,  when  to  issue.     Section  2423,  Revised  Statutes 5 

For,  to  be  located  by  the  Commissioner  of  the  General  Land  Office. 

Section  2437,  Revised  Statutes 9 

Located  at  $1.25  per  acre,  excess  paid  in  cash.     Section  2415,  Revised 
Statutes...  2 


48  INDEX. 

BOUNTY-LAND — Continued.  Page. 

Warrant — Continued. 

Location  of,  for  service  in  the  Revolutionary  War  and  the  War  of  1812. 

Sections  2416  and  2417,  Revised  Statutes 2 

Locations  assignable.     Section  2414,  Revised  Statutes 2 

May  be  signed  by  person  appointed  by  the  Commissioner  of  Pensions. 

Section  473,  Revised  Statutes 1 

Lost,  new  to  be  issued  in  lieu  of.     Sections  2441  and  2442,  Revised 

Statutes 10 

Lost,  regulations  relative  thereto 40 

Widows,  etc.,  when  entitled.     Sections  2424  and  2428,  Revised  Statutes. .       5,  7 
Widows,  etc.,  regulations  and  instructions  as  to  proof  required  in  claims  of.        38 
CERTIFICATE  OF  DISCHARGE: 

Certain  omissions  in,  not  to  deprive  soldiers  of  right  to  bounty  land. 

Section  2440,  Revised  Statutes 9 

COMMISSIONER  OF  THE  GENERAL  LAND  OFFICE: 

To  locate  warrants  for  bounty  land.     Section  2437,  Revised  Statutes 9 

COMMISSIONER  OF  PENSIONS: 

Duties  of.     Section  471,  Revised  Statutes 1 

Clerk  to  sign  name  of,  to  bounty-land  warrants.     Section  473,  Revised 

Statutes 1 

To  furnish  printed  forms,  etc.,  free  of  charge.     Section  4748,   Revised' 

Statutes 1 

CONGRESSMAN: 

Not  to  take  compensation  in  matters  to  which  the  United  States  are  parties. 

Section  113,  act  March  4,  1909— Criminal  Code 20 

CONSULAR  OFFICER: 

Papers  may  be  executed  before 36 

COPIES  OF  ORIGINAL  PAPERS: 

Regulations  and  instructions  relative  to  furnishing 42 

COUNTERFEITING  : 

Forging,    counterfeiting,    etc.,    bounty-land   warrants;   penalty.     Section 

73,  act  March  4,  1909— Criminal  Code 19 

CRIMINAL  OFFENSES: 

Demanding,  etc.,  illegal  fee.     Act  July  4,  1884 23 

Forging  deed,  power  of  attorney,  etc.     Section  29,  act  March  4,  1909 — 

Criminal  Code 19 

Forging,    counterfeiting,    etc.,    bounty-land    warrants.     Section    73,    act 

Mar.  4,  1909— Criminal  Code 19 

Making  or  presenting  false  or  fraudulent  affidavits.     Act  July  7r  1898, 

amending  section  4746,  Revised  Statutes 18 

Prohibition  against  officers  and  employees  of  the  Government  of  the  United 

States  acting  as  attorneys.    Section  109,  act  March  4, 1909— Criminal  Code.        20 
Senators,  Representatives,  etc.,  not  to  take  fee  in  claims  against  the  United 

States.     Section  113,  act  March  4,  1909— Criminal  Code 20 

DEPARTMENT  OF  THE  INTERIOR: 
Officers  and  employees — 

Not  to  prosecute  claims  against  the  United  States.     Section  109,  act 

March  4,  1909— Criminal  Code 20 

Not  to  take  fees  in  claims  against  the  United  States.     Section  113,  act 

March  4,  1909— Criminal  Code 20 

Former,  not  to  act  as  attorneys  in  certain  cases.     Section  190,  Revised 
Statutes...  21 


INDEX.  49 

DESERTION  PROM  SERVICE:  Page. 

Bars  title  to  bounty  land.     Section  2438,  Revised  Statutes 9 

DISCHARGE  CERTIFICATE: 

Certain  omissions  in,  no  bar  to  bounty-land  rights.     Section  2440,  Revised 

Statutes 9 

DISLOYALTY: 

Bar  as  to  bounty  land.     Section  3480,  Revised  Statutes 16 

Bar  removed.     Act  March  11,  1898 16 

EVIDENCE: 

Execution  of  papers.     Act  July  1,  1890,  and  joint  resolution  September  1, 

1890 17 

Execution  of  papers;  regulations  relative  to 36 

Execution  of  papers  in  foreign  countries 36 

Execution  of  papers  before  officer  who  is  also  attorney  of  record;  effect  of. .  31,  37 
May  be  filed  by  legal  representative,  when.    Section  2445,  Revised  Statutes.        11 
To  establish  bounty-land  claims.    Sections  2432  and  2435,  Revised  Statutes.       7,  8 
FATHERS  : 

Title  given — 

Section  2418,  Revised  Statutes 3 

Section  2419,  Revised  Statutes 4 

Act  February  11,  1847 11 

Evidence  required  in  claims  of 39 

FEE: 

Allowed  by  law.    Act  July  4,  1884 .• 22 

Paid  to  agent  or  attorney  by  claimant 22,  23 

(See  also  Agents  and  Attorneys.) 
FEE  CONTRACTS: 

Articles  of  agreement — 

Before  whom  executed 22, 29 

Fee,  amount  of  to  be  stipulated 22 

Fee,  amount  of,  if  no  contract  be  filed 22, 23 

Form  of,  and  requirements  as  to 30 

May  be  rejected  by  Commissioner  of  Pensions,  when 24 

One  of,  approved,  to  be  sent  to  agent  or  attorney  on  allowance  of 

bounty-land  warrant 31 

Should  be  filed  in  duplicate 22,  30 

FOREIGN  CLAIMS: 

Execution  of  declarations,  etc , .        36 

FORMS: 

To  be  furnished  by  Commissioner  of  Pensions.     Section  4748,  Revised 

Statutes 1 

Of  articles  of  agreement  as  to  fee 30 

Of  attorney's  oath 21 

Of  advertisement  for  lost  warrant 40 

GOVERNMENT  OF  THE  UNITED  STATES: 
Officers  and  employees — 

Not  to  act  as  attorneys  in  claims  against  the  United  States.    Section  109, 

act  Mar.  4,  1909— Criminal  Code 20 

Not  to  take  fee  in  claims  wherein  the  United  States  are  parties.     Sec- 
tion 113,  act  Mar.  4,  1909— Criminal  Code 20 

Former  not  to  act  as  attorneys  in  certain  cases.     Section  190,  Revised 

Statutes 21 

GUARDIANS: 

Should  file  evidence  of  appointment 35 


50  INDEX. 

HEIRS:  Page. 

And  legal  representatives  of  deceased  soldiers  and  sailors;  title  of.     Sec- 
tions 2443  and  2445,  Revised  Statutes 10,11 

INDIANS: 

Title  to  bounty  land .     Section  2434,  Revised  Statutes 8 

INTERIOR  DEPARTMENT: 

Rules  of  practice  before,  in  appeal  cases 24 

INSTRUCTIONS  AND  REGULATIONS: 

Relating  to  bounty-land  claims 35 

LEGITIMACY: 

How  established 39 

LOSS   OP  BOUNTY-LAND   WARRANT: 

New,  how  obtained.     Sections  2441  and  2442,  Revised  Statutes 10 

Provisions  for  issue  of  patent.     Section  2439,  Revised  Statutes 9 

Regulations  relative  to  securing  new  issue  of 40 

MARRIAGE  : 

How  proven 38 

Subsequent,  not  to  affect  widow's  title  if  she  be  a  widow  at  time  of  making 

application.     Section  2429,  Revised  Statutes 7 

MEMBER  OF  CONGRESS: 

Not  to  take  fee  in  claims  against  the  United  States.     Section  113,  act  March 

4, 1909— Criminal  Code 20 

MINORS: 

Bounty  land,   when  entitled  to.     Sections  2418,   2419,   2425,   and  2428, 

Revised  Statutes;  act  February  11, 1847 3,  4,  6,  7, 11 

Guardian  of,  may  prosecute  claim  for 35 

Legitimacy  of,  how  established 39 

Regulations  and  instructions  relative  to  claims  filed  by 39 

Word  ' '  minors  "  defined .     Section  2430,  Revised  Statutes 7 

MOTHERS: 

Title  given — 

Sections  2418  and  2419,  Revised  Statutes 3,  4 

Act  February  11,  1847 11 

Evidence  required  in  claims  of 39 

OATHS: 

In  execution  of  applications  and  other  papers;  before  whom  taken.     Act 

July  1,  1890,  and  joint  resolution  September  1,  1890 17 

Of  allegiance,  to  be  taken  by  persons  prosecuting  claims,  either  as  attorney 

or  on  their  own  account.     Section  3478,  Revised  Statutes 21 

Of  allegiance,  before  whom  to  be  taken.     Section  3479,  Revised  Statutes. .         21 

Of  allegiance,  form  of.     Section  1757,  Revised  Statutes 21 

OFFICER  OF  THE  UNITED  STATES: 

Former,  not  to  act  as  attorney  in  certain  cases.     Section  190,  Revised 

Statutes 21 

Not  to  prosecute  claims  against  the  United  States.     Section  109,  act  March 

4, 1909— Criminal  Code 20 

Not  to  take  fees  in  claims  wherein  United  States  are  parties.     Section  113, 

act  Mar.  4,  1909— Criminal  Code 20 

ORIGINAL  PAPERS: 

Regulations  relative  to  securing  copies  of,  etc 42 

PATENT: 

Issue  of,  when  bounty-land  warrant  is  lost.     Section  2439,  Revised  Stat- 
utes... 9 


INDEX.  51 

PAY  (BACK  AND  EXTRA):  Page. 

With  whom  claims  for,  filed 43 

PRINTED  INSTRUCTIONS: 

To  be  furnished  by  the  Commissioner  of  Pensions  free  of  charge.     Section 

4748,  Revised  Statutes 1 

RANGERS,  OFFICERS  AND  MEN: 

Title  to  bounty  land.     Section  2426,  Revised  Statutes 6 

REGULATIONS  AND  INSTRUCTIONS: 
As  to — 

Applications  and  affidavits 35,  36 

Character  of  evidence 37 

Completing  claim  of  deceased  person 39 

Duplicate  warrants 40 

Extra  and  back  pay,  etc 43 

Father's,  mother's,  brother's,  and  sister's  claims 39 

Homestead  rights  granted  certain  soldiers  and  sailors 43 

Identity,  proof  of 38 

Inquiries  made  of  Bureau  of  Pensions  relative  to  status  of  claims 41 

Legitimacy,  proof  of 39 

Marriage,  proof  of 38 

Minors'  claims 39 

Original  papers,  securing  copies  of 42 

Records,  information  from 42 

Warrants — 

Assignment  and  location  of 43 

Lost  or  destroyed,  procedure  to  secure  new 40 

Widows'  claims 38 

Witnesses 38 

RELATIVES: 

Term  defined.     Act  May  27,  1848 13 

REVISED  STATUTES: 
Sec. 

190.  Persons  formerly  in  the  departments  not  to  prosecute  claims  in  them. . .  21 

441.  Secretary  of  the  Interior;  duties  of 1 

471.  Commissioner  of  Pensions;  duties  of 1 

473.  Commissioner  of  Pensions  authorized  to  appoint  person  to  sign  his  name 

to  bounty-land  warrants 1 

2414.  Military  bounty-land  warrants  and  locations  assignable 2 

2415.  Warrants  located  at  $1.25;  excess  paid  in  cash 2 

2416.  Location  of  land  warrants  issued  in  virtue  of  certain  acts 2 

2417.  Time  when  above  may  be  located 2 

2418.  Granting  bounty-land  warrants  for  various  periods  of  service  in  the  War 

of  1812,  certain  Indian  wars,  and  the  War  with  Mexico 3 

2419.  Certain  classes  of  persons  in  the  Mexican  War,  their  widows,  etc.,  enti- 

tled to  40  acres 4 

2420.  Certain  militia  and  volunteers  entitled  to  benefits  of  section  2418 5 

2421.  Persons  not  entitled  under  preceding  sections 5 

2422.  Period  of  captivity  to  be  added  to  actual  service 5 

2423.  Warrant  and  patent  to  issue,  when 5 

2424.  Widows  of  persons  entitled 5 

2425.  Additional  bounty  lands,  etc 6 

2426.  Classes  entitled  under  last  section  specified 6 

2427.  What  classes  of  persons  entitled  under  section  2425  without  regard  to 

length  of  service 6 


52  INDEX. 

Page. 

2428.  Widows  and  children  of  persons  entitled  under  section  2425 7 

2429.  Subsequent  marriage  of  widow;  effect  of * 7 

2430.  Who  are  minors  under  section  2428 7 

2431.  Proof  of  service 7 

2432.  Former  evidence  of  right  to  bounty  land  to  be  received  in  certain  cases.  7 

2433.  Allowance  of  time  of  service  for  distance  from  home  to  place  of  muster  or 

discharge 8 

2434.  Indians  included 8 

2435.  Former  evidence  of  right  to  a  pension  to  be  received  in  certain  cases  on 

application  for  bounty  land 8 

2436.  Sales,  mortgages,  letters  of  attorney,  etc.,  made  before  issue  of  warrant, 

void 9 

2437.  Warrants  to  be  located,  free  of  expense,  by  Commissioner  of  the  General 

Land  Office,  etc 9 

2438.  Deserters  not  entitled  to  bounty  land 9 

2439.  Lost  warrants,  provision  for 9 

2440.  Discharges,  omissions  and  loss  of,  provided  for 9 

2441.  New  warrant  issued  in  lieu  of  lost  warrant 10 

2442.  Regulations  by  Secretary  of  Interior 10 

2443.  Mode  of  issuing  patents  to  the  heirs  of  persons  entitled  to  bounty  lands. .  10 

2444.  Death  of  claimant  after  establishing  right  and  before  issue  of  warrant,  title, 

where  vested ! 11 

2445.  WTien  proofs  may  be  filed  by  legal  representatives 11 

2446.  Relocation  of  military  bounty-land  warrants  in  cases  of  error 11 

3478.  Oaths  to  be  taken  by  persons  prosecuting  claims 21 

3479.  WTio  may  administer  oath 21 

3480.  Claims  barred  by  disloyalty 16 

4748.  Commissioner  to  furnish  printed  forms  and  instructions  free  of  charge. .  1 
REVOLUTIONARY  WAR: 

Title  to  bounty  land  of  soldiers'  widows,  etc.     Sections  2418  and  2419,  Re- 
vised Statutes 3,  4 

Title  of  heirs  of  soldiers,  etc.,  in  bounty-land  cases.     Section  2443,  Revised 

Statutes 10 

RULES  OF  PRACTICE: 

Before  the  Commissioner  of  Pensions 28 

Before  the  Secretary  of  the  Interior 24 

SERVICE: 

Period  of,  how  computed.    Section  2433,  Revised  Statutes 7 

Period  of  soldier's  captivity  added  to  actual.     Section  2422,  Revised  Stat- 
utes           5 

Proof  of.     Section  2431,  Revised  Statutes 7 

SUBSTITUTE: 

Entitled  to  bounty  land,  when 48 

SUCCESSION  OF  TITLE: 

In  bounty-land  claims.     Sections  2418,  2428  and  2444,  Revised  Statutes, 

and  act  February  11,  1847 3,  7, 11 

TERRITORIAL  MILITIA: 

Officers  and  men  entitled  to  bounty  land.     Sections  2420  and  2426,  Re- 
vised Statutes 4,  6 

TRAVEL: 

Time   consumed   in,  when  counted   as  service.     Section  2433,  Revised 
Statutes.  .  8 


INDEX.  53 

VOLUNTEERS:  Page. 

Title  to  bounty  land.     Sections  2420  and  2426,  Revised  Statutes,  and  act 

February  11,  1847 5,  6, 11 

WAGON  MASTERS: 

Title  to  bounty  land.     Section  2426,  Revised  Statutes 6 

WARRANTS: 

When  to  issue.     Section  2423,  Revised  Statutes 5 

Located  by  Commissioner  of  the  General  Land  Office.     Section  2437,  Re- 
vised Statutes 9 

Located  at  $1.25  per  acre,  excess  paid  in  cash.     Section  2415,  Revised 

Statutes 2 

Location  of,  for  service  in  the  Revolutionary  War  and  the  War  of  1812. 

Sections  2416  and  2417,  Revised  Statutes 2 

Locations  assignable.     Section  2414,  Revised  Statutes 2 

Lost,  new  to  be  issued  in  lieu  of.     Sections  2441  and  2442,  Revised  Statutes        10 

Lost,  regulations  relative  to 40 

May  be  signed  by  person  appointed  by  Commissioner  of  Pensions.     Sec- 
tion 473,  Revised  Statutes 1 

WIDOWS  : 

Title  given.     Sections  2418,  2419,  2424,  and  2428,  Revised  Statutes 3,  4,  5,  7 

Title,  how  affected  by  subsequent  marriage.     Section  2429,  Revised  Stat- 
utes           7 

Regulations  and  instructions  as  to  proof  in  claims  filed  by 38 

WITNESSES: 

Regulations  and  instructions  relative  to  affidavits  by 38 


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